Sample questions relating to Eastleigh leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Eastleigh. Before diving in I would like to find out the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and almost all are in Eastleigh - 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.
My wife and I may need to let out our Eastleigh garden flat temporarily due to a new job. We instructed a Eastleigh conveyancing practice in 2001 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?
Even though your previous Eastleigh conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you need to obtain consent from your landlord or some other party before 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 subletting the property you will need to ask your landlord if they are willing to waive this restriction.
I am hoping to sign contracts shortly on a basement flat in Eastleigh. Conveyancing lawyers assured me that they report fully tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in Eastleigh should include some of the following:
- You should be sent a copy of the lease
I work for a reputable estate agency in Eastleigh where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Eastleigh conveyancing firms. Can you clarify whether the owner of a flat can start 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 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 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.
What are your top tips when it comes to choosing a Eastleigh conveyancing practice to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Eastleigh conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Eastleigh 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 of use:
- How familiar is the firm with lease extension legislation?
Eastleigh Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying
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The prefered form of lease arrangement is if the freehold interest is owned by the leaseholders. In this scenario the lessees enjoy control and although a managing agent is usually retained if the building is bigger than a house conversion, the managing agent employed by the leaseholders.
What prohibitions are contained in the Eastleigh Lease?
How long is the Lease?
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