My wife and I may need to rent out our Beaconsfield garden flat temporarily due to a career opportunity. We instructed a Beaconsfield conveyancing firm in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Beaconsfield do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I only have Fifty years unexpired on my flat in Beaconsfield. I now wish to get lease extension but my freeholder is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to locate the landlord. For most situations a specialist would be useful to carry out a search and to produce a report to be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Beaconsfield.

Back In 2003, I bought a leasehold house in Beaconsfield. Conveyancing and Accord Mortgages Ltd mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Beaconsfield who acted for me is not around.Any advice?

The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Beaconsfield conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to finding a Beaconsfield conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Beaconsfield conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Beaconsfield conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?

In relation to leasehold conveyancing in Beaconsfield what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Beaconsfield. Most leases are unique and legal mistakes in the legal wording can result in certain provisions are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• 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 will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Norwich and Peterborough Building Society, and Bank of Ireland all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

Beaconsfield Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

It would be sensible to discover if there are any onerous restrictions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Beaconsfield. If you love the propertyin Beaconsfield yet your cat can’t live with you then you have a very difficult decision. Plenty Beaconsfield leasehold flats will be liable to pay a service charge for maintenance of the block levied on behalf of the management company. Should you buy the apartment you will have to meet this liability, normally periodically throughout the year. This could be anything from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a ground rent to be met annual, normally this is not a exorbitant amount, say about £50-£100 but you need to enquire it because on occasion it could be many hundreds of pounds. The answer will be important as a) areas may result in problems for the block as the common areas may begin to deteriorate where services are not paid for b) if the tenants have an issue with the running of the building you will need to have all the details

Other Topics

Lease Extensions in Beaconsfield