My partner and I may need to let out our Whitwick basement flat for a while due to a new job. We instructed a Whitwick conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Whitwick conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must seek consent from your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining consent. The consent must not not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I've found a house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Whitwick. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Whitwick are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Whitwick so you should seriously consider shopping around for a Whitwick conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

I own a leasehold house in Whitwick. Conveyancing and Barnsley Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Whitwick who previously acted has long since retired.Do I pay?

First contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Whitwick conveyancing firm to do this as it can be done on-line 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 am attracted to a two flats in Whitwick both have approximately 50 years left on the leases. Should I regard a short lease as a deal breaker?

There are no two ways about it. A leasehold apartment in Whitwick is a wasting asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the property. The majority of buyers and banks, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Whitwick conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £175000 apartment in Whitwick next Friday . The managing agents has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Whitwick?

Whitwick conveyancing on leasehold apartments normally involves the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to address these enquiries most will be willing to do so. They are at liberty charge a reasonable charge for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it is above £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that you have little choice but to pay whatever is requested of you if you want to complete the sale of your home.

Leasehold Conveyancing in Whitwick - Sample of Queries Prior to buying

Who is in charge of the block? Make sure you investigate if the the lease includes any adverse restrictions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Whitwick. If you like the flatin Whitwick yet your dog is not allowed to make the move with you then you have a very difficult choice. What is the length of the lease?

Other Topics

Lease Extensions in Whitwick