My husband and I may need to sub-let our Amersham ground floor flat for a while due to a career opportunity. We instructed a Amersham conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Amersham conveyancing lawyer is no longer available you can check your lease to check if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining consent. The consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

Looking forward to complete next month on a basement flat in Amersham. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Amersham should include some of the following:

• Defining your legal entitlements in respect of common areas in the block.For instance, does the lease include a right of way over an accessway or staircase?

I’m about to sell my 2 bed apartment in Amersham.Conveyancing lawyers have not yet been instructed but I have just received a yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is discharge the service charge 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.

I am employed by a reputable estate agent office in Amersham where we have witnessed a number of leasehold sales put at risk as a result of short leases. I have received contradictory information from local Amersham conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate 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. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed 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.

What advice can you give us when it comes to appointing a Amersham conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Amersham conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Amersham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• What volume of lease extensions has the firm completed in Amersham in the last year?

Amersham Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

You should be aware if it is less than 80 years it will have adverse implications on the marketability of the flat. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of how much this would cost. For most Amershamlease extensions you will need to own the premises for two years before you are eligible to extend the lease. What is the the remaining lease term? Who are the managing agents?

Other Topics

Lease Extensions in Amersham