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Questions and Answers: Chalfont St Giles leasehold conveyancing

I am in need of some leasehold conveyancing in Chalfont St Giles. Before I get started I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Chalfont St Giles - 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.

Jane (my partner) and I may need to sub-let our Chalfont St Giles garden flat for a while due to a new job. We instructed a Chalfont St Giles conveyancing firm in 2002 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Even though your last Chalfont St Giles conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Expecting to exchange soon on a leasehold property in Chalfont St Giles. Conveyancing solicitors inform me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Chalfont St Giles should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be included in your report on your leasehold property in Chalfont St Giles please enquire of your lawyer in ahead of your conveyancing in Chalfont St Giles

    • I have just appointed agents to market my garden apartment in Chalfont St Giles.Conveyancing has not commenced but I have just received a yearly maintenance charge demand – what should I do?

    It best that you discharge the invoice 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 managing agents will not acknowledge the buyer unless 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 work for a long established estate agency in Chalfont St Giles where we see a number of flat sales put at risk as a result of short leases. I have received conflicting advice from local Chalfont St Giles conveyancing solicitors. Can you shed some light as to whether the owner of a flat can initiate 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. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. 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.

    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.

    Chalfont St Giles Leasehold Conveyancing - Sample of Queries before Purchasing

      Are any of leasehold owners in arrears of their service charge liability? How much is the service charge and ground rent on the apartment? In the main the cost for major works are not wrapped into the service charges, albeit that there some managing agents in Chalfont St Giles require leaseholders to contribute towards a sinking fund and this is used to offset against major repairs or maintenance.

    Other Topics

    Lease Extensions in Chalfont St Giles