I want to let out my leasehold flat in Hanham. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your last Hanham conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek permission via your landlord or some other party in advance of subletting. The net result is that you cannot sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

I am hoping to complete next month on a ground floor flat in Hanham. Conveyancing lawyers have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

• Setting out your legal entitlements in respect of common areas in the block.E.G., does the lease grant a right of way over a path or hallways?

Estate agents have just been given the go-ahead to market my basement flat in Hanham.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I've recently bought a leasehold house in Hanham. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee 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. A critical element 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).

Completion in due on the sale of our £125000 flat in Hanham in seven days. The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Hanham?

Hanham conveyancing on leasehold flats usually necessitates the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is not legally bound to respond to such questions most will be content to do so. They are at liberty levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The management information fee demanded by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration charges, without which the charge is technically not due. In reality one has no choice but to pay whatever is requested of you should you wish to complete the sale of your home.

Hanham Leasehold Conveyancing - Sample of Queries before buying

This question is important as a) areas may result in problems in the building as the communal areas may begin to deteriorate where repairs remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to have complete disclosure How much is the yearly maintenance fee and ground rent? If a Hanham lease has fewer than eighty years it will impact the salability of the property. It is worth checking with your bank that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. For most Hanhamlease extensions you would be required to have been the owner of the residence for 24 months in order to be eligible to carry out a lease extension.

Other Topics

Lease Extensions in Hanham