I would like to sublet my leasehold flat in Bexhill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your previous Bexhill conveyancing lawyer is no longer available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you need to seek consent via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I've found a house that appears to be perfect, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Bexhill. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Bexhill ?

The majority of houses in Bexhill are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Bexhill so you should seriously consider looking for a Bexhill conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your solicitor should advise you fully on all the issues.

I am employed by a reputable estate agent office in Bexhill where we have experienced a few leasehold sales jeopardised due to short leases. I have been given contradictory information from local Bexhill conveyancing firms. Please can you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as 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 wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

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.

What are your top tips when it comes to choosing a Bexhill conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Bexhill conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Bexhill conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• What volume of lease extensions has the firm conducted in Bexhill in the last twenty four months?

Are there frequently found problems that you see in leases for Bexhill properties?

There is nothing unique about leasehold conveyancing in Bexhill. All leases are unique and legal mistakes in the legal wording can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Norwich and Peterborough Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

Leasehold Conveyancing in Bexhill - Examples of Questions you should consider Prior to Purchasing

How many of the leaseholders are in arrears for their service charge payments? This question is useful as a) areas can cause problems in the building as the common areas may start to deteriorate where maintenance are not paid for b) if the tenants have a dispute with the running of the building you will need to have full disclosure It would be prudent to enquire if there is anything that is prohibited in the lease. For example it is fairly common in Bexhill leases that pets are not allowed in in a block in Bexhill. If you love the flatin Bexhill but your cat can’t live with you then you will be presented with a hard determination.

Other Topics

Lease Extensions in Bexhill