My partner and I may need to sub-let our Yarm ground floor flat temporarily due to taking a sabbatical. We used a Yarm conveyancing practice in 2003 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Yarm conveyancing solicitor is no longer available you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party before subletting. This means you not allowed to sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Looking forward to exchange soon on a leasehold property in Yarm. Conveyancing lawyers assured me that they report fully next week. Are there areas in the report that I should be focusing on?

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

• The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
• Are you allowed to have a pet in the flat?
• Ground rent - how much and when you need to pay, and also know whether this is subject to change
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• What the implications are if you breach a clause of your lease?

I own a leasehold flat in Yarm. Conveyancing and The Royal Bank of Scotland mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Yarm who previously acted has long since retired.Do I pay?

First make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Yarm 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 legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a two maisonettes in Yarm which have about forty five years unexpired on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the marketability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

Can you provide any advice for leasehold conveyancing in Yarm from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Yarm can be avoided where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
• The majority freeholders or managing agents in Yarm charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Yarm.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Yarm leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. If you fail to have the paperwork in place do not contact the landlord without contacting your lawyer before hand.
• If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Obtaining a duplicate share certificate is often a time consuming process and slows down many a Yarm conveyancing deal. If a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.
• You may think that you are aware of the number of years left on your lease but it would be advisable double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is below 75 years. It is therefore essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Yarm Leasehold Conveyancing - A selection of Queries Prior to buying

What is the maintenance charge and ground rent on the flat? Its a good idea to discover as much as you can regarding the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to day to day issues like the upkeep of the common parts. You should not be afraid to ask other people what they think of their management. In conclusion, be sure you understand the dates that you are obliged pay the service charge to the relevant party and specifically what it includes.