Fixed-fee leasehold conveyancing in Hawkhurst:

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Common questions relating to Hawkhurst leasehold conveyancing

My wife and I may need to sub-let our Hawkhurst basement flat temporarily due to taking a sabbatical. We used a Hawkhurst conveyancing practice in 2004 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease dictates relations between the landlord and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Hawkhurst do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

I only have Seventy years left on my flat in Hawkhurst. I now want to get lease extension but my landlord is can not be found. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 track down the freeholder. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Hawkhurst.

Expecting to exchange soon on a studio apartment in Hawkhurst. Conveyancing lawyers inform me that they report fully within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Hawkhurst should include some of the following:

  • Does the lease require carpeting throughout thus preventing wood flooring?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Hawkhurst please enquire of your lawyer in ahead of your conveyancing in Hawkhurst

    • I own a leasehold flat in Hawkhurst. Conveyancing and HSBC Bank mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Hawkhurst who acted for me is not around.What should I do?

    The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Hawkhurst conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Do you have any advice for leasehold conveyancing in Hawkhurst with the aim of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Hawkhurst can be reduced where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the buyers representatives.
    • Many freeholders or Management Companies in Hawkhurst levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Hawkhurst.
  • If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share document. Arranging a duplicate share certificate can be a time consuming formality and slows down many a Hawkhurst conveyancing deal. If a new share certificate is required, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be advisable double-check via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is under 80 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Hawkhurst - Examples of Questions you should consider before Purchasing

      Generally speaking the outlay for major works are not wrapped into the service charges, although there some managing agents in Hawkhurst obliged tenants to pay into a sinking fund created for the specific purpose of building a fund for larger repairs or maintenance. Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. For example plenty of leases prohibit pets being permitted in in a block in Hawkhurst. If you like the flatin Hawkhurst but your dog can’t live with you then you will be presented with a hard compromise. The prefered form of lease arrangement is a share of the freehold. In this situation the tenants benefit from being in charge if their destiny and even though a managing agent is often retained where the building is larger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Hawkhurst