My husband and I may need to let out our Emersons Green basement flat temporarily due to a new job. We used a Emersons Green conveyancing practice in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your previous Emersons Green conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to seek permission via your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of prior consent. The consent should not be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I have recently realised that I have 62 years left on my lease in Emersons Green. I now want to get lease extension but my freeholder is can not be found. What should I do?

On the basis that 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 Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the landlord. On the whole an enquiry agent should be helpful to carry out a search and prepare a report which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Emersons Green.

Due to sign contracts shortly on a leasehold property in Emersons Green. Conveyancing solicitors inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

• The total extent of the property. This will be the property itself but could also incorporate a loft or cellar if appropriate.

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Emersons Green. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Emersons Green ?

The majority of houses in Emersons Green are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Emersons Green in which case you should be shopping around for a Emersons Green 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 lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your conveyancer will appraise you on the various issues.

Last month I purchased a leasehold house in Emersons Green. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Emersons Green Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Is the freehold reversion owned jointly by the tenants? Please tell me if there are any major works anticipated that will likely increase the service fees? Are any of leasehold owners in arrears of their service charge payments?

Other Topics

Lease Extensions in Emersons Green