My wife and I may need to sub-let our The Meadows basement flat temporarily due to a new job. We instructed a The Meadows conveyancing practice in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease dictates the relationship between the landlord and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in The Meadows do not contain strict prohibition on subletting – such a provision would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I am hoping to sign contracts shortly on a ground floor flat in The Meadows. Conveyancing lawyers inform me that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• Does the lease prohibit wood flooring?

I today plan to offer on a house that seems to meet my requirements, at a great price which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in The Meadows. Conveyancing lawyers have are about to be appointed. Will they explain the issues?

The majority of houses in The Meadows are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in The Meadows so you should seriously consider looking for a The Meadows conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer should report to you on the legal implications.

I've recently bought a leasehold flat in The Meadows. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

When it comes to leasehold conveyancing in The Meadows what are the most common lease problems?

There is nothing unique about leasehold conveyancing in The Meadows. Most leases are individual and drafting errors can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, The Royal Bank of Scotland, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

The Meadows Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

Many The Meadows leasehold flats will incur a service charge for the upkeep of the building levied on behalf of the management company. If you purchase the flat you will have to meet this charge, normally in instalments accross the year. This may differ from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a ground rent for you to pay annual, this is usually not a significant figure, say about £25-£75 but you need to check it because sometimes it can be prohibitively expensive. Its a good idea to find out as much as possible about the managing agents as they will either make living at the property much easier or problematic. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to every day issues like the cleanliness of the common parts. You should not be afraid to ask other tenants what they think of their service. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and specifically what it includes. Does this lease have more than 85 years remaining?

Other Topics

Lease Extensions in The Meadows