Frank (my husband) and I may need to let out our Crowthorne garden flat temporarily due to a career opportunity. We instructed a Crowthorne conveyancing practice in 2002 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?

Even though your previous Crowthorne conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent from your landlord or some other party before subletting. The net result is that you cannot sublet without prior permission. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.

Looking forward to complete next month on a leasehold property in Crowthorne. Conveyancing solicitors have said that they report fully tomorrow. What should I be looking out for?

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

• You should receive a copy of the lease

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

Most houses in Crowthorne are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Crowthorne in which case you should be shopping around for a Crowthorne conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

I own a leasehold house in Crowthorne. Conveyancing and Clydesdale mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Crowthorne 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 incur the fees of a Crowthorne conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note 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.

I am employed by a busy estate agency in Crowthorne where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have received conflicting advice from local Crowthorne conveyancing solicitors. Please can you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner 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. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

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

Please note if it is fewer than 80 years it will affect the salability of the flat. 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 almost definitely have to extend the lease sooner rather than later and you need to have some idea of what this will be. For most Crowthornelease extensions you will need to own the property for two years before you are entitled to extend the lease. Most Crowthorne leasehold flats will incur a service bill for the upkeep of the block invoiced by the landlord. Where you buy the property you will have to meet this amount, usually in instalments accross the year. This could be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge for you to pay yearly, normally this is not a large amount, say approximately £50-£100 but you need to check as occasionally it could be many hundreds of pounds. How is the lease structured?

Other Topics

Lease Extensions in Crowthorne