I am in need of some leasehold conveyancing in Caddington. Before diving in I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in Caddington - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Helen (my wife) and I may need to let out our Caddington ground floor flat temporarily due to a career opportunity. We instructed a Caddington conveyancing practice in 2001 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 Caddington conveyancing solicitor is not available you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet without first obtaining permission. The consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Planning to complete next month on a ground floor flat in Caddington. Conveyancing solicitors assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

• Setting out your rights in respect of the communal areas in the building.E.G., does the lease include a right of way over a path or staircase?
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• You should have a good understanding of the insurance provisions
• Repair and maintenance of the flat
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What you can do if a neighbour breach a clause of their lease?

I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Caddington. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Caddington ?

The majority of houses in Caddington are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Caddington in which case you should be shopping around for a Caddington conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should report to you on the legal implications.

What are the frequently found problems that you encounter in leases for Caddington properties?

Leasehold conveyancing in Caddington is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Coventry Building Society, and Godiva Mortgages Ltd 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 provide security, forcing the purchaser to pull out.

Leasehold Conveyancing in Caddington - A selection of Queries Prior to Purchasing

On the whole the outlay for major works are not built into the maintenance charges, although some managing agents in Caddington require leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance. Make sure you find out if there is anything that is prohibited in the lease. For example it is fairly common in Caddington leases that pets are not permitted in certain buildings in Caddington. If you love the propertyin Caddington yet your cat can’t live with you then you will be faced difficult choice.