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

Some leases for properties in Biddenham do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review 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 have just appointed agents to market my basement apartment in Biddenham.Conveyancing has not commenced but I have just had a yearly service charge demand – what should I do?

The sensible thing to do is discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I've found a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Biddenham. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Biddenham ?

The majority of houses in Biddenham are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Biddenham in which case you should be shopping around for a Biddenham conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer should report to you on the legal implications.

I am employed by a reputable estate agent office in Biddenham where we have experienced a few flat sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local Biddenham conveyancing firms. Can you confirm whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease 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. This means that the proposed purchaser 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 at the same time as completion of the disposal of the property.

An alternative approach is 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 advice can you give us when it comes to appointing a Biddenham conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Biddenham conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Biddenham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• Can they put you in touch with client in Biddenham who can give a testimonial?

Leasehold Conveyancing in Biddenham - A selection of Questions you should ask Prior to Purchasing

How many of the leaseholders are in arrears for their maintenance charge payments? Please note that where the lease has less than eighty years it will affect the salability of the property. Check with your lender that they are happy with the length of the lease. Leases with fewer than 80 years remaining means that you will probably have to extend the lease at some point and you need to have some idea of how much this would cost. For most Biddenhamlease extensions you will need to own the property for a couple of years in order to be eligible to extend the lease. Best to be warned whether fixing the lift or some other major work is due shortly that will be shared by the leasehold owners and could well dramatically increase the the service fees or necessitate a specific payment.

Other Topics

Lease Extensions in Biddenham