Experts for Leasehold Conveyancing in Dorchester

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Dorchester leasehold conveyancing: Q and A’s

I would like to let out my leasehold flat in Dorchester. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A small minority of properties in Dorchester do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests 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 permission.

I only have Seventy years left on my lease in Dorchester. I now wish to extend my lease but my freeholder is can not be found. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to find the landlord. On the whole a specialist would be useful to carry out a search and to produce an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Dorchester.

Due to sign contracts shortly on a ground floor flat in Dorchester. Conveyancing lawyers assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Setting out your rights in respect of the communal areas in the building.E.G., does the lease provide for a right of way over a path or hallways?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Dorchester please ask your solicitor in advance of your conveyancing in Dorchester

  • I am employed by a busy estate agent office in Dorchester where we have experienced a few leasehold sales jeopardised due to short leases. I have been given contradictory information from local Dorchester conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can commence the lease extension formalities 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 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 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 disposal of the property.

    Alternatively, it may be possible 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 Dorchester conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a solicitor for lease extension works (regardless if they are a Dorchester conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Dorchester conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

    • What volume of lease extensions has the firm carried out in Dorchester in the last year?
  • Can they put you in touch with client in Dorchester who can give a testimonial?

  • Leasehold Conveyancing in Dorchester - A selection of Questions you should ask before Purchasing

      Please note that where the lease has fewer than eighty years it will affect the marketability of the property. Check with your bank that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will probably have to extend the lease sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would be required to have owned the premises for 24 months before you are legally able to extend the lease. Its a good idea to discover as much as possible regarding the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the cleanliness of the common parts. You should not be afraid to ask other people what they think of them. In conclusion, be sure you discover the dates that the maintenance fees are due to the appropriate party and specifically what it includes. What is the maintenance charge and ground rent on the flat?

    Other Topics

    Lease Extensions in Dorchester