My partner and I may need to let out our Trimdon basement flat for a while due to taking a sabbatical. We instructed a Trimdon conveyancing practice in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Trimdon conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of prior consent. Such consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my 2 bed apartment in Trimdon.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – Do I pay up?

The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am attracted to a two flats in Trimdon which have approximately forty five years left on the leases. should I be concerned?

There are no two ways about it. A leasehold apartment in Trimdon is a wasting asset as a result of the reducing lease term. The nearer the lease gets to its expiry date, the more it adversely affects the marketability of the property. The majority of purchasers and lenders, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Trimdon conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you offer any advice when it comes to appointing a Trimdon conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Trimdon conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Trimdon conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How many lease extensions have they carried out in Trimdon in the last 12 months?
• Can they put you in touch with client in Trimdon who can give a testimonial?

In relation to leasehold conveyancing in Trimdon what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Trimdon. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Leeds Building Society, and Nottingham Building Society all have express requirements 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 provide security, forcing the buyer to withdraw.

Trimdon Leasehold Conveyancing - A selection of Queries before buying

Who are the managing agents? In the main the outlay for major works are not built into the service charges, although some managing agents in Trimdon require leaseholders to pay into a sinking fund created for the specific intention of establishing a fund for larger works. Be sure to investigate if there are any onerous restrictions in the lease. For instance plenty of leases prohibit pets being permitted in in a block in Trimdon. If you love the apartmentin Trimdon however your cat can’t make the move with you then you will be faced difficult choice.