My partner and I may need to sub-let our Whitehaven garden flat for a while due to a new job. We instructed a Whitehaven conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

The lease dictates the relationship between the landlord and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Whitehaven do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Due to exchange soon on a ground floor flat in Whitehaven. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?

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

• The physical extent of the premises. This will be the apartment itself but could also include a roof space or cellar if appropriate.

Are pets allowed in the flat?

Does the lease prevent you from letting out the flat, or having a home office for business

You must be told what counts as a Nuisance in the lease

Whether your lease has a provision for a reserve fund?

You should have a good understanding of the insurance provisions

Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Whitehaven please enquire of your lawyer in advance of your conveyancing in Whitehaven

I've recently bought a leasehold property in Whitehaven. Do I have any liability for service charges for periods before 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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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).

What are your top tips when it comes to choosing a Whitehaven conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Whitehaven conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Whitehaven conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If the firm is not ALEP accredited then what is the reason?

Can they put you in touch with client in Whitehaven who can give a testimonial?

Completion in due on our sale of a £275000 apartment in Whitehaven next Wednesday . The management company has quoted £312 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Whitehaven?

For most leasehold sales in Whitehaven conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-exchange questions
• Where consent is required before sale in Whitehaven
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Whitehaven leasehold property is £350. For Whitehaven 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 provide answers.

Leasehold Conveyancing in Whitehaven - Examples of Questions you should ask Prior to Purchasing

Is the freehold owned jointly by the leaseholders? It is important to be aware if a new roof is being installed or some other significant cost is pending to be shared by the leaseholders and may well materially increase the the maintenance fees or require a specific invoice. Does the lease include onerous restrictions?

Other Topics

Lease Extensions in Whitehaven