I wish to let out my leasehold apartment in Whaley Bridge. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A lease dictates the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Whaley Bridge do not prevent strict prohibition on subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Due to complete next month on a ground floor flat in Whaley Bridge. Conveyancing lawyers have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

• You should be sent a copy of the lease

The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years

Setting out your rights in relation to the communal areas in the block.By way of example, does the lease contain a right of way over an accessway or staircase?

Ground rent - how much and when you need to pay, and also know whether this will change in the future

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Responsibility for repairing the window frames For details of the information to be included in your report on your leasehold property in Whaley Bridge please ask your lawyer in advance of your conveyancing in Whaley Bridge

My wife and I purchased a leasehold flat in Whaley Bridge. Conveyancing and The Mortgage Works mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Whaley Bridge who previously acted has long since retired.Any advice?

The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Whaley Bridge conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold house in Whaley Bridge. Do I have any liability for service charges relating to a period prior to my ownership?

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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

Completion in due on the sale of our £425000 garden flat in Whaley Bridge in just under a week. The managing agents has quoted £408 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Whaley Bridge?

Whaley Bridge conveyancing on leasehold apartments typically necessitates fees being raised by landlords agents :

• Completing pre-contract enquiries
• Where consent is required before sale in Whaley Bridge
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Whaley Bridge leasehold property is £350. For Whaley Bridge 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 obliged to supply the information.

Leasehold Conveyancing in Whaley Bridge - A selection of Queries before Purchasing

It would be a good idea to discover if there are any onerous prohibitions in the lease. For instance some leases prohibit pets being permitted in certain buildings in Whaley Bridge. If you love the apartmentin Whaley Bridge but your cat is not allowed to live with you then you will be faced hard decision. How many of the leaseholders are in arrears for their maintenance charge payments? Many Whaley Bridge leasehold properties will be liable to pay a service bill for maintenance of the building set on behalf of the freeholder. Should you purchase the flat you will have to pay this liability, usually periodically during the year. This may be anything from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay annual, normally this is not a large amount, say approximately £50-£100 but you need to enquire as sometimes it could be surprisingly expensive.

Other Topics

Lease Extensions in Whaley Bridge