I wish to rent out my leasehold flat in Stilton. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Stilton conveyancing solicitor is no longer around you can review your lease to check if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without prior consent. The consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Looking forward to exchange soon on a basement flat in Stilton. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Stilton should include some of the following:

• You should be sent a copy of the lease

The total extent of the premises. This will be the flat itself but may incorporate a roof space or basement if applicable.

Ground rent - how much and when you need to pay, and also know whether this is subject to change

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

Responsibility for repairing the window frames

What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Stilton please enquire of your solicitor in ahead of your conveyancing in Stilton

Back In 2001, I bought a leasehold flat in Stilton. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Stilton who previously acted has long since retired.Do I pay?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Stilton conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Stilton from the point of view of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Stilton can be reduced if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers conveyancers.
• Many freeholders or Management Companies in Stilton charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Stilton.

If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Stilton leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such alterations. Where you dont have the approvals in place do not communicate with the landlord without checking with your lawyer in advance.

If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than ongoing.

You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

If all goes to plan we aim to complete our sale of a £225000 apartment in Stilton in just under a week. The management company has quoted £360 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Stilton?

Stilton conveyancing on leasehold apartments ordinarily results in fees being levied by freeholders :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Stilton
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Stilton leasehold premises is £350. For Stilton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Leasehold Conveyancing in Stilton - A selection of Questions you should ask Prior to Purchasing

Does the lease have onerous restrictions? Generally speaking the outlay for major works tend not to be wrapped into the service charges, although some managing agents in Stilton ask leaseholders to pay into a sinking fund and this is used to offset against larger works. Who takes charge for maintaining and repairing the building?

Other Topics

Lease Extensions in Stilton