My wife and I may need to rent out our Kingswood basement flat temporarily due to a career opportunity. We instructed a Kingswood conveyancing firm in 2002 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Even though your last Kingswood conveyancing lawyer is no longer available you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without first obtaining permission. The consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

Expecting to exchange soon on a ground floor flat in Kingswood. Conveyancing lawyers assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

• The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years

I've recently bought a leasehold property in Kingswood. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner 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. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

I am employed by a reputable estate agency in Kingswood where we have witnessed a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Kingswood conveyancing solicitors. Could you shed some light as to whether the owner of a flat can commence the lease extension formalities for the buyer?

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 buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

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 buyer.

Completion in due on the disposal of our £375000 maisonette in Kingswood next Monday . The management company has quoted £348 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Kingswood?

Kingswood conveyancing on leasehold maisonettes more often than not requires the purchaser’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are at liberty invoice a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, without which the charge is not strictly payable. In reality you have little choice but to pay whatever is demanded should you wish to complete the sale of your home.

Kingswood Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

How many years remain on the lease? The best form of lease structure is a share of the freehold. In this situation the lessees benefit from being in charge if their destiny and although a managing agent is usually employed where it is bigger than a house conversion, the managing agent employed by the leaseholders. Plenty Kingswood leasehold flats will be liable to pay a service bill for maintenance of the building invoiced by the management company. Where you acquire the property you will have to pay this contribution, normally periodically during the year. This could differ from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent for you to pay yearly, normally this is not a significant sum, say about £25-£75 but you need to check as sometimes it can be many hundreds of pounds.

Other Topics

Lease Extensions in Kingswood