Frank (my husband) and I may need to sub-let our Cotswolds 1st floor flat temporarily due to a career opportunity. We used a Cotswolds conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Cotswolds 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 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 permission.

I've found a house that appears to be perfect, at a great price which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Cotswolds. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

The majority of houses in Cotswolds are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Cotswolds so you should seriously consider shopping around for a Cotswolds conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should advise you fully on all the issues.

Last month I purchased a leasehold house in Cotswolds. 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 lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Do you have any top tips for leasehold conveyancing in Cotswolds with the purpose of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Cotswolds can be reduced where you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers.
• The majority freeholders or managing agents in Cotswolds charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Cotswolds.

If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Cotswolds state that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Where you dont have the approvals to hand do not contact the landlord without checking with your conveyancer first.

Some Cotswolds leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.

If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Organising a new share certificate can be a lengthy formality and delays many a Cotswolds conveyancing deal. Where a duplicate share is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

All being well we will complete the sale of our £500000 garden flat in Cotswolds next week. The management company has quoted £336 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Cotswolds?

For most leasehold sales in Cotswolds conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Cotswolds
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Cotswolds leasehold premises is £350. For Cotswolds conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

Cotswolds Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

How much is the ground rent and service charge? Plenty Cotswolds leasehold properties will incur a service charge for the upkeep of the building set on behalf of the landlord. Where you acquire the apartment you will have to pay this amount, normally in instalments throughout the year. This can differ from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met annual, this is usually not a exorbitant sum, say about £50-£100 but you should to check as on occasion it could be many hundreds of pounds. Does the lease include onerous restrictions?

Other Topics

Lease Extensions in Cotswolds