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Questions and Answers: Christchurch leasehold conveyancing

Frank (my husband) and I may need to sub-let our Christchurch ground floor flat temporarily due to taking a sabbatical. We instructed a Christchurch conveyancing practice in 2002 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Christchurch conveyancing solicitor is no longer around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission from your landlord or other appropriate person before subletting. This means that you cannot sublet without first obtaining consent. Such consent must not not be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I am employed by a busy estate agent office in Christchurch where we have witnessed a few flat sales derailed as a result of short leases. I have been given conflicting advice from local Christchurch conveyancing solicitors. Could you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease 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 proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

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 Christchurch conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for your lease extension (regardless if they are a Christchurch conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Christchurch conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the practice with lease extension legislation?
  • If the firm is not ALEP accredited then why not?

  • Do you have any advice for leasehold conveyancing in Christchurch from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Christchurch can be avoided where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers representatives.
    • Many freeholders or managing agents in Christchurch charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Christchurch.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Christchurch leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. Should you fail to have the consents in place you should not communicate with the landlord without contacting your lawyer first.
  • A minority of Christchurch leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 buyers or their lawyers.
  • If you hold a share in a the freehold, you should make sure that you have the original share certificate. Arranging a re-issued share certificate is often a lengthy process and frustrates many a Christchurch conveyancing transaction. Where a reissued share is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

  • What are the common problems that you encounter in leases for Christchurch properties?

    There is nothing unique about leasehold conveyancing in Christchurch. All leases are unique and drafting errors can sometimes mean that certain sections 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 premises
    • 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 have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Leeds Building Society, and Britannia all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Christchurch Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

      If a Christchurch lease has no more than 80 years it will impact the value of the property. It is worth checking with your lender that they are happy with the length of the lease. A short lease means that you will almost definitely require a lease extension sooner rather than later and it is worth discovering what this would cost. For most Christchurchlease extensions you will need to own the property for two years before you are eligible to exercise a lease extension. How is the lease structured? Does the lease have more than 85 years remaining?

    Other Topics

    Lease Extensions in Christchurch