My husband and I may need to rent out our Bexhill On Sea 1st floor flat temporarily due to taking a sabbatical. We used a Bexhill On Sea conveyancing firm in 2001 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Bexhill On Sea conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining permission. The consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

There are only 72 years left on my lease in Bexhill On Sea. I now want to get lease extension but my freeholder is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the landlord. On the whole a specialist may be helpful to carry out a search and prepare an expert document to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on devolving into the landlord’s absence and the application to the County Court covering Bexhill On Sea.

I today plan to offer on a house that seems to be perfect, at a reasonable figure which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Bexhill On Sea. Conveyancing advisers have are about to be appointed. Will they explain the issues?

Most houses in Bexhill On Sea are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are buying in Bexhill On Sea so you should seriously consider shopping around for a Bexhill On Sea conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will advise you fully on all the issues.

Last month I purchased a leasehold flat in Bexhill On Sea. Do I have any liability for 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 lessee and they have not paid you would not usually be personally liable for the arrears. However, 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 be sure 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).

When it comes to leasehold conveyancing in Bexhill On Sea what are the most common lease problems?

Leasehold conveyancing in Bexhill On Sea is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• 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

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Leeds Building Society, and TSB all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to withdraw.

Leasehold Conveyancing in Bexhill On Sea - Examples of Queries Prior to buying

This question is helpful as a) areas could cause problems in the block as the common areas may begin to deteriorate if repairs remain unpaid b) if the leaseholders have an issue with the running of the building you will wish to have all the details Best to be warned if changing the roof or some other significant cost is due in the near future to be shared amongst the tenants and could well dramatically increase the the service fees or necessitate a specific payment. What restrictions exist in the Bexhill On Sea Lease?

Other Topics

Lease Extensions in Bexhill On Sea