Harry (my fiance) and I may need to let out our Eynsham ground floor flat for a while due to a career opportunity. We instructed a Eynsham conveyancing firm in 2003 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Eynsham conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I today plan to offer on a house that seems to be perfect, at a great figure which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Eynsham. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Eynsham ?

The majority of houses in Eynsham are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Eynsham so you should seriously consider shopping around for a Eynsham conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your lawyer should report to you on the legal implications.

I am a negotiator for a busy estate agent office in Eynsham where we have witnessed a number of flat sales derailed due to short leases. I have been given conflicting advice from local Eynsham conveyancing firms. 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. The benefit of this is that the proposed purchaser need not have 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 simultaneously with completion of the sale.

An alternative approach is 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 buyer.

What advice can you give us when it comes to finding a Eynsham conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Eynsham conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Eynsham 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:

• Can they put you in touch with client in Eynsham who can give a testimonial?

Do you have any advice for leasehold conveyancing in Eynsham from the point of view of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Eynsham can be bypassed where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Eynsham leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the approvals in place do not contact the landlord without checking with your conveyancer in the first instance.

Leasehold Conveyancing in Eynsham - A selection of Questions you should ask before buying

For most Eynsham leaseholds the outlay for major works are not wrapped into the maintenance charges, albeit that a few managing agents in Eynsham ask tenants to pay into a reserve fund created for the specific intention of building a fund for larger repairs or maintenance. The prefered form of lease structure is if the freehold title is in the ownership of the leaseholders. In this arrangement the tenants have being in charge if their destiny and notwithstanding that a managing agent is frequently retained where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Be sure to find out if there is anything that is prohibited in the lease. For instance it is reasonably common in Eynsham leases that pets are not allowed in certain buildings in Eynsham. If you like the apartmentin Eynsham but your cat is not allowed to live with you then you have a very hard choice.

Other Topics

Lease Extensions in Eynsham