Jane (my partner) and I may need to let out our Wendover 1st floor flat temporarily due to a new job. We instructed a Wendover conveyancing firm in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Wendover conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of first obtaining consent. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I only have Seventy years unexpired on my flat in Wendover. I now want to extend my lease but my landlord is absent. What should I do?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have used your best endeavours to find the landlord. For most situations an enquiry agent may be useful to try and locate and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court overseeing Wendover.

I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Wendover. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Wendover ?

Most houses in Wendover are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Wendover in which case you should be shopping around for a Wendover conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should report to you on the legal implications.

I work for a reputable estate agent office in Wendover where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Wendover conveyancing firms. Could you clarify whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you provide any advice for leasehold conveyancing in Wendover from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Wendover can be avoided where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers representatives.
• Many landlords or managing agents in Wendover charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Wendover.

Wendover Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

Are there any major works in the near future that could increase the service costs? The answer will be helpful as a) areas may result in problems for the building as the communal areas may start to deteriorate if services remain unpaid b) if the tenants have an issue with the running of the building you will need to have all the details What is the name of the managing agents?

Other Topics

Lease Extensions in Wendover