My husband and I may need to let out our West Acton garden flat temporarily due to taking a sabbatical. We instructed a West Acton conveyancing practice in 2003 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your previous West Acton conveyancing lawyer is no longer around you can review your lease to see if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in West Acton. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in West Acton ?

Most houses in West Acton are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in West Acton in which case you should be shopping around for a West Acton conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant 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’spermission to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should report to you on the legal implications.

Can you offer any advice when it comes to appointing a West Acton conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a West Acton conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non West Acton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?

What are the costs for lease extension work?

If all goes to plan we aim to complete the sale of our £125000 garden flat in West Acton on Wednesday in a week. The managing agents has quoted £408 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in West Acton?

West Acton conveyancing on leasehold apartments normally results in administration charges invoiced by landlords agents :

• Completing pre-exchange enquiries
• Where consent is required before sale in West Acton
• Supplying insurance information
• 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 West Acton leasehold property is £350. For West Acton 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 required to supply the information.

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

There is nothing unique about leasehold conveyancing in West Acton. All leases are unique and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You may have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Leeds Building Society, and Britannia 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, obliging the purchaser to pull out.

West Acton Leasehold Conveyancing - A selection of Questions you should consider before buying

Does the lease contain onerous restrictions? It would be prudent to enquire if there are any onerous prohibitions in the lease. For example it is reasonably common in West Acton leases that pets are not allowed in in a block in West Acton. If you love the flatin West Acton yet your cat can’t make the move with you then you have a very hard decision. How much is the service charge and ground rent on the property?

Other Topics

Lease Extensions in West Acton