My fiance and I may need to let out our Woodley garden flat temporarily due to taking a sabbatical. We used a Woodley conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease governs the relationship between the landlord and you the flat owner; in particular, it will indicate if subletting is banned, 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 Woodley do not contain subletting altogether – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Looking forward to exchange soon on a leasehold property in Woodley. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

• Setting out your rights in relation to common areas in the block.For example, does the lease permit a right of way over a path or staircase?
• Does the lease prohibit wood flooring?
• Whether the lease restricts you from subletting the flat, or having a home office for business
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• What options are open to you if a neighbour breach a clause of their lease?

I am tempted by the attractive purchase price for a couple of flats in Woodley both have in the region of 50 years remaining on the lease term. should I be concerned?

A lease is a right to use the premises for a prescribed time frame. As a lease shortens the saleability of the lease deteriorate and it becomes more expensive to extend the lease. This is why it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional help from a solicitor and surveyor with experience in this arena

I am employed by a reputable estate agent office in Woodley where we have experienced a few flat sales jeopardised due to short leases. I have received conflicting advice from local Woodley conveyancing solicitors. Could you clarify whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

What makes a Woodley lease defective?

Leasehold conveyancing in Woodley is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, The Mortgage Works, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

Woodley Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

In the main the outlay for major works tend not to be incorporated into the service charges, albeit that there some managing agents in Woodley obliged leaseholders to pay into a sinking fund and this is used to offset against larger repairs or maintenance. This information is useful as a) areas can result in problems for the block as the common areas may start to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the managing agents you will wish to have all the details