My partner and I may need to rent out our Bracknell ground floor flat temporarily due to taking a sabbatical. We used a Bracknell conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Bracknell conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Planning to sign contracts shortly on a leasehold property in Bracknell. Conveyancing lawyers inform 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 Bracknell should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
• Setting out your rights in respect of the communal areas in the block.For example, does the lease include a right of way over an accessway or hallways?
• Are pets allowed in the flat?
• Does the lease prevent you from letting out the property, or working from home
• Ground rent - how much and when you need to pay, and also know whether this is subject to change
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)

I’m about to sell my garden apartment in Bracknell.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – Do I pay up?

It best that you discharge the service charge 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 management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am employed by a busy estate agent office in Bracknell where we see a few leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local Bracknell conveyancing firms. Please can you confirm whether the vendor of a flat can initiate the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 to extend their lease. 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 Bracknell lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Bracknell. Most leases are individual and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• Insurance obligations
• 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

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Bank of Scotland, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.

Bracknell Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

The answer will be helpful as a) areas may result in problems for the block as the common areas may begin to deteriorate where services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to have complete disclosure