Jane (my partner) and I may need to rent out our Creekmouth basement flat temporarily due to taking a sabbatical. We instructed a Creekmouth conveyancing practice in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Creekmouth 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 dictates 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.

Due to sign contracts shortly on a leasehold property in Creekmouth. 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 Creekmouth should include some of the following:

• Do you need to have carpet in the flat or are you allowed wood flooring?
• Are you allowed to have a pet in the flat?
• Whether the lease restricts you from letting out the property, or working from home
• Repair and maintenance of the flat
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
• What options are open to you if a neighbour breach a clause of their lease?

What are your top tips when it comes to finding a Creekmouth conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Creekmouth conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Creekmouth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the firm with lease extension legislation?
• What volume of lease extensions has the firm carried out in Creekmouth in the last year?

If all goes to plan we aim to complete the sale of our £ 200000 apartment in Creekmouth in just under a week. The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Creekmouth?

Creekmouth conveyancing on leasehold maisonettes normally requires the purchaser’s conveyancer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries the majority will be willing to do so. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, otherwise the invoice is not strictly payable. In reality one has no choice but to pay whatever is demanded if you want to sell the property.

I have had difficulty in seeking a lease extension in Creekmouth. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a missing landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to judgment on the sum to be paid.

An example of a Lease Extension case for a Creekmouth flat is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case affected 1 flat. The the unexpired residue of the current lease was 69.77 years.

Are there common deficiencies that you come across in leases for Creekmouth properties?

There is nothing unique about leasehold conveyancing in Creekmouth. Most leases are individual and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the property
• 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 as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Coventry Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

Creekmouth Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

Does the lease contain onerous restrictions? Most Creekmouth leasehold flats will incur a service bill for the upkeep of the building invoiced by the freeholder. If you purchase the property you will have to meet this charge, normally periodically during the year. This can differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a ground rent for you to pay yearly, normally this is not a large figure, say approximately £50-£100 but you need to enquire it because sometimes it could be surprisingly expensive.