My fiance and I may need to sub-let our Denham basement flat temporarily due to a new job. We used a Denham conveyancing practice in 2003 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Denham conveyancing lawyer is no longer around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or some other party prior to subletting. This means you not allowed to sublet in the absence of prior permission. The consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

There are only Seventy years remaining on my flat in Denham. I now wish to get lease extension but my landlord is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the freeholder. In some cases a specialist should be useful to try and locate and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on devolving into the landlord’s absence and the application to the County Court overseeing Denham.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Denham. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Denham ?

Most houses in Denham are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Denham so you should seriously consider looking for a Denham conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your solicitor should report to you on the legal implications.

I am a negotiator for a reputable estate agent office in Denham where we have witnessed a few leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Denham conveyancing solicitors. Could you clarify whether the seller of a flat can commence 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. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

An alternative approach is 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 purchaser.

Can you offer any advice when it comes to appointing a Denham conveyancing firm to carry out our lease extension conveyancing?

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

• What volume of lease extensions have they carried out in Denham in the last 12 months?
• What are the legal fees for lease extension work?

I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can the Leasehold Valuation Tribunal adjudicate on such issues? Can you recommend a Denham conveyancing firm to help?

Most certainly. We can put you in touch with a Denham conveyancing firm who can help.

An example of a Lease Extension decision for a Denham premises is Flats 8, 11 and 15 Craigmore Court 46 Murray Road in December 2013. The tribunal held that the price payable by the Applicant tenant of Flat 8 to acquire an extended lease shall be £26,438 plus £1 to the intermediate lessee . The tribunal held that the price payable by the Applicant tenants of Flat 11 to acquire an extended lease shall be £26,791 plus £1 to the intermediate lessee. The tribunal held that the price payable by the Applicant tenant of Flat 15 to acquire an extended lease shall be £26,638 plus £1 to the intermediate lessee . This case affected 3 flats. The the unexpired residue of the current lease was 71 years.

Leasehold Conveyancing in Denham - Sample of Questions you should ask Prior to Purchasing

Are any of leasehold owners in dispute over their service charge liability? The prefered form of lease arrangement is a share of the freehold. In this arrangement the tenants benefit from control and notwithstanding that a managing agent is usually employed if it is larger than a house conversion, the managing agent employed by the leaseholders.