I would like to rent out my leasehold apartment in Boscombe. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your previous Boscombe conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek permission via your landlord or some other party before subletting. The net result is that you cannot sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

Looking forward to exchange soon on a garden flat in Boscombe. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• You should be sent a copy of the lease

I work for a reputable estate agent office in Boscombe where we have witnessed a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Boscombe conveyancing solicitors. Please can you confirm whether the seller of a flat can start 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 finding a Boscombe conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Boscombe conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Boscombe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• Can they put you in touch with client in Boscombe who can give a testimonial?

In relation to leasehold conveyancing in Boscombe what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Boscombe. Most leases are individual and drafting errors can sometimes mean that 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 parts of the premises
• 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Boscombe Leasehold Conveyancing - Examples of Queries Prior to Purchasing

It would be prudent to investigate if there is anything that is prohibited in the lease. For instance it is very common in Boscombe leases that pets are not allowed in certain buildings in Boscombe. If you like the flatin Boscombe however your dog is not allowed to move with you then you will be faced difficult determination. Please inform me if there are any major works on the horizon that will increase the service costs? Many Boscombe leasehold flats will incur a service charge for the upkeep of the building invoiced on behalf of the freeholder. Should you acquire the flat you will have to pay this liability, normally quarterly throughout the year. This can vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent to be met yearly, ordinarily this is not a exorbitant amount, say around £50-£100 but you need to check as on occasion it could be many hundreds of pounds.

Other Topics

Lease Extensions in Boscombe