Jane (my partner) and I may need to let out our Hanham ground floor flat temporarily due to a new job. We used a Hanham conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Hanham do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I only have 68 years unexpired on my lease in Hanham. I need to get lease extension but my freeholder is missing. What are my options?

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 lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases a specialist should be helpful to carry out a search and prepare an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Hanham.

I am attracted to a two maisonettes in Hanham which have about 50 years unexpired on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area

I am employed by a reputable estate agent office in Hanham where we have experienced a few leasehold sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Hanham conveyancing firms. Please can you shed some light as to whether the vendor of a flat can initiate the lease extension process for the buyer?

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 can avoid having to wait 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 sale.

An alternative approach is 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 finding a Hanham conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Hanham conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Hanham conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

• If they are not ALEP accredited then why not?

Leasehold Conveyancing in Hanham - A selection of Queries Prior to buying

For most Hanham leaseholds the cost for major works are not wrapped into the service charges, albeit that some managing agents in Hanham obliged leasehold owners to contribute towards a reserve fund created for the specific intention of building a fund for major repairs or maintenance. The answer will be helpful as a) areas could result in problems in the block as the communal areas may begin to deteriorate if maintenance are not paid for b) if the leasehold owners have an issue with the running of the building you will want to have all the details Make sure you investigate if there is anything that is prohibited in the lease. For example it is very common in Hanham leases that pets are not allowed in in a block in Hanham. If you love the propertyin Hanham yet your dog is not allowed to make the move with you then you will be faced hard choice.

Other Topics

Lease Extensions in Hanham