Harry (my fiance) and I may need to let out our Hamworthy 1st floor flat for a while due to a career opportunity. We used a Hamworthy conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Your lease governs the relationship between the freeholder and you the flat owner; specifically, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Hamworthy do not prevent subletting altogether – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I have recently realised that I have Fifty years remaining on my lease in Hamworthy. I am keen to get lease extension but my freeholder is missing. What should I do?

If you meet the appropriate requirements, 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. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the landlord. For most situations a specialist may be helpful to carry out a search and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Hamworthy.

I am hoping to complete next month on a basement flat in Hamworthy. Conveyancing lawyers assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

• How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years

I am looking at a two apartments in Hamworthy which have approximately fifty years left on the leases. Will this present a problem?

There are plenty of short leases in Hamworthy. The lease is a right to use the property for a period of time. As the lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to extend the lease. This is why it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this field

We expect to complete the disposal of our £375000 apartment in Hamworthy next Thursday . The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Hamworthy?

Hamworthy conveyancing on leasehold flats often involves the buyer’s solicitor sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions most will be willing to assist. They may levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the charge is not strictly payable. In reality you have little option but to pay whatever is demanded should you wish to sell the property.

Leasehold Conveyancing in Hamworthy - A selection of Queries before buying

Please note that where the lease has less than eighty years it will have adverse implications on the salability of the property. It is worth checking with your bank that they are content with residual term of the lease. A short lease means that you will probably have to extend the lease sooner rather than later and it is worth discovering how much this would cost. Remember, in most cases you would need to own the residence for 24 months before you are eligible to carry out a lease extension. The prefered form of lease arrangement is a share of the freehold. In this situation the tenants benefit from control and notwithstanding that a managing agent is usually employed if the building is bigger than a house conversion, the managing agent retained by the leaseholders. Who are the managing agents?

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Lease Extensions in Hamworthy