Frank (my husband) and I may need to let out our East and West Horsley ground floor flat for a while due to a new job. We instructed a East and West Horsley conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease governs relations between the landlord and you the flat owner; specifically, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in East and West Horsley do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Planning to exchange soon on a basement flat in East and West Horsley. Conveyancing solicitors have said that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in East and West Horsley should include some of the following:

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

The physical extent of the premises. This will be the apartment itself but might include a roof space or basement if applicable.

Defining your rights in relation to common areas in the building.E.G., does the lease include a right of way over a path or hallways?

Do you need to have carpet in the flat or are you allowed wood flooring?

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.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?

What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in East and West Horsley please enquire of your solicitor in ahead of your conveyancing in East and West Horsley

I am tempted by the attractive purchase price for a couple of flats in East and West Horsley both have about forty five years remaining on the lease term. Will this present a problem?

There is no doubt about it. A leasehold apartment in East and West Horsley is a wasting asset as a result of the reducing lease term. The closer the lease gets to its expiry date, the more it adversely affects the salability of the premises. The majority of buyers and mortgage companies, leases with under 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with East and West Horsley conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you offer any advice when it comes to choosing a East and West Horsley conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a East and West Horsley conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non East and West Horsley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• If they are not ALEP accredited then what is the reason?

Can they put you in touch with client in East and West Horsley who can give a testimonial?

Completion in due on the sale of our £250000 apartment in East and West Horsley next Friday . The landlords agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in East and West Horsley?

For most leasehold sales in East and West Horsley conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-exchange enquiries
• Where consent is required before sale in East and West Horsley
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for East and West Horsley leasehold premises is £350. For East and West Horsley conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

East and West Horsley Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

Generally speaking the outlay for major works are not included within maintenance charges, albeit that some managing agents in East and West Horsley require tenants to contribute towards a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. How much is the ground rent and service charge? It is important to be aware if a new roof is being put on or some other major work is coming up to be shared by the leasehold owners and will dramatically impact the level of the service charges or necessitate a specific payment.

Other Topics

Lease Extensions in East and West Horsley