My husband and I may need to let out our Helsby 1st floor flat temporarily due to taking a sabbatical. We instructed a Helsby conveyancing firm in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Helsby do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold 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.

Expecting to exchange soon on a studio apartment in Helsby. Conveyancing lawyers inform me that they are sending me a report tomorrow. What should I be looking out for?

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

• The total extent of the property. This will be the property itself but may incorporate a roof space or cellar if applicable.
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Are pets allowed in the flat?
• Whether the lease restricts you from subletting the flat, or working from home
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• Responsibility for repairing the window frames
• What you can do if a neighbour is in violation of a provision in their lease?

I have just started marketing my ground floor flat in Helsby.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge invoice – Do I pay up?

It best that you clear 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

Back In 2007, I bought a leasehold flat in Helsby. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Helsby who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Helsby conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a long established estate agent office in Helsby where we have witnessed a number of flat sales derailed as a result of short leases. I have received inconsistent advice from local Helsby conveyancing firms. Please can you clarify whether the owner of a flat can instigate the lease extension formalities 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having 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 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.

Helsby Conveyancing for Leasehold Flats - Examples of Queries before buying

The answer will be useful as a) areas may result in problems in the block as the common areas may start to deteriorate where repairs are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to know about it The prefered form of lease structure is a share of the freehold. In this scenario the tenants have control and even though a managing agent is usually employed where it is larger than a house conversion, the managing agent is directed by the tenants.