I wish to sublet my leasehold flat in Battle. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your previous Battle conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining permission. The consent must not not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Expecting to complete next month on a basement flat in Battle. Conveyancing lawyers have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

• The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark

I've recently bought a leasehold flat in Battle. Am I liable to pay 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. 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).

Can you offer any advice when it comes to choosing a Battle conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Battle conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Battle conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If the firm is not ALEP accredited then why not?

In relation to leasehold conveyancing in Battle what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Battle. All leases are unique and drafting errors can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Skipton Building Society, and Bank of Ireland all have express conveyancing instructions 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 purchaser to pull out.

Battle Leasehold Conveyancing - Examples of Queries before Purchasing

You should be aware if it is no more than 80 years it will affect the marketability of the flat. It is worth checking with your lender that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and it is worth discovering what this will be. Remember, in most cases you will be required to have owned the property for a couple of years before you are eligible to extend the lease. Best to be warned if fixing the lift or some other major work is pending that will be shared amongst the tenants and may well dramatically impact the level of the service fees or necessitate a one off invoice. Most Battle leasehold apartments will have a service bill for the upkeep of the block levied by the landlord. If you buy the apartment you will have to meet this amount, normally in instalments accross the year. This can vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent for you to pay yearly, this is usually not a significant figure, say about £25-£75 but you need to enquire as sometimes it can be many hundreds of pounds.

Other Topics

Lease Extensions in Battle