My husband and I may need to let out our West Malling ground floor flat temporarily due to a career opportunity. We instructed a West Malling conveyancing firm in 2001 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?

Your lease dictates relations between the freeholder and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in West Malling do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

Planning to complete next month on a garden flat in West Malling. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

• Defining your legal entitlements in respect of the communal areas in the building.For example, does the lease provide for a right of way over a path or staircase?

I have just started marketing my ground floor flat in West Malling.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?

It best that you clear the invoice 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 managing agents will not acknowledge the buyer until 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. Having a clear account will assist your cause and will leave you no worse off financially.

I own a leasehold flat in West Malling. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in West Malling who previously acted has now retired.Any advice?

First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a West Malling conveyancing solicitor to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Completion in due on the sale of our £450000 maisonette in West Malling in 8 days. The freeholder has quoted £300 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in West Malling?

West Malling conveyancing on leasehold apartments often involves the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be content to assist. They are entitled levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee required by the landlord must be sent together with a summary of rights and obligations in relation to administration charges, without which the charge is technically not due. Reality however dictates that you have no choice but to pay whatever is requested of you should you wish to complete the sale of your home.

West Malling Leasehold Conveyancing - Examples of Queries before buying

It would be prudent to find out as much as you can regarding the company managing the building as they will either make your living at the property much simpler or problematic. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to every day issues such as the cleanliness of the communal areas. Ask other people if they are happy with their management. On a final note, be sure you understand the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what it includes. Who is in charge of the block? The answer will be helpful as a) areas may result in problems for the block as the communal areas may start to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have all the details

Other Topics

Lease Extensions in West Malling