My wife and I may need to sub-let our Tetbury basement flat for a while due to a new job. We instructed a Tetbury conveyancing practice in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Your lease governs relations between the freeholder and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Tetbury do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Looking forward to complete next month on a basement flat in Tetbury. Conveyancing solicitors inform me that they report fully next week. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark

The total extent of the property. This will be the property itself but may incorporate a roof space or cellar if appropriate.

Defining your legal entitlements in respect of common areas in the building.For instance, does the lease grant a right of way over a path or hallways?

Do you need to have carpet in the flat or are you allowed wood flooring?

Will you be prohibited or prevented from having pets in the property?

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?

Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Tetbury please enquire of your conveyancer in advance of your conveyancing in Tetbury

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Tetbury. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Tetbury are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Tetbury in which case you should be looking for a Tetbury conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should report to you on the legal implications.

What are your top tips when it comes to choosing a Tetbury conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Tetbury conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Tetbury conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• What volume of lease extensions has the firm conducted in Tetbury in the last 12 months?

Can they put you in touch with client in Tetbury who can give a testimonial?

We expect to complete the disposal of our £350000 flat in Tetbury in seven days. The freeholder has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Tetbury?

For the majority of leasehold sales in Tetbury conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Tetbury
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Tetbury leasehold premises is £350. For Tetbury 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 the information.

Tetbury Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

How much is the ground rent and service charge? In the main the cost for major works tend not to be built into the maintenance charges, albeit that a few managing agents in Tetbury obliged tenants to contribute towards a sinking fund created for the specific intention of building a fund for larger repairs or maintenance. Is anyone aware of any major works anticipated that could increase the service costs?

Other Topics

Lease Extensions in Tetbury