I am in need of some leasehold conveyancing in Bournemouth. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Bournemouth - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My wife and I may need to let out our Bournemouth basement flat temporarily due to a new job. We instructed a Bournemouth conveyancing firm in 2001 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Bournemouth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold 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 consent.

I am looking at a two apartments in Bournemouth both have about fifty years unexpired on the lease term. Will this present a problem?

There are plenty of short leases in Bournemouth. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the saleability of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

Last month I purchased a leasehold property in Bournemouth. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner 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 ensure 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).

Do you have any advice for leasehold conveyancing in Bournemouth from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Bournemouth can be avoided where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Bournemouth state that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such works. Where you dont have the consents to hand you should not communicate with the landlord without contacting your conveyancer in advance.
• A minority of Bournemouth leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
• If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Arranging a new share certificate can be a time consuming formality and delays many a Bournemouth home move. If a new share certificate is required, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Bournemouth Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

Make sure you investigate if there are any onerous prohibitions in the lease. For example it is fairly common in Bournemouth leases that pets are not allowed in in a block in Bournemouth. If you like the propertyin Bournemouth yet your dog can’t live with you then you will be presented with a hard choice. The answer will be useful as a) areas can result in problems for the block as the communal areas may begin to deteriorate if services remain unpaid b) if the leaseholders have a dispute with the running of the building you will wish to have all the details It is important to be aware whether window replacement or some other significant cost is due in the near future to be shared amongst the tenants and will materially increase the the maintenance charges or necessitate a specific payment.