Frequently asked questions relating to Hazlemere leasehold conveyancing
I would like to rent out my leasehold apartment in Hazlemere. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
The lease governs the relationship between the landlord and you the flat owner; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Hazlemere do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
I have recently realised that I have 68 years remaining on my lease in Hazlemere. I now want to extend my lease but my freeholder is can not be found. What are my options?
If 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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases a specialist should be useful to try and locate and to produce a report to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Hazlemere.
I am looking at a two maisonettes in Hazlemere both have in the region of fifty years unexpired on the leases. Will this present a problem?
There are plenty of short leases in Hazlemere. The lease is a right to use the property for a period of time. As a lease gets shorter the saleability of the lease decreases and it becomes more costly to extend the lease. This is why it is generally wise to extend the lease term. More often than not it is difficult to sell a property with a short lease as mortgage lenders may be reluctant to lend money on such properties. Lease extension can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this area
I've recently bought a leasehold house in Hazlemere. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, 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).
Do you have any advice for leasehold conveyancing in Hazlemere from the perspective of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Hazlemere can be bypassed if you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
- If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Hazlemere leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you dont have the consents in place you should not communicate with the landlord without checking with your conveyancer first.
Hazlemere Leasehold Conveyancing - A selection of Queries Prior to buying
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You will want to find out as much as possible regarding the managing agents as they will either make living at the property much simpler or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to daily issues like the cleanliness of the common parts. Don't be shy to ask prospective neighbours what they think of them. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.
Most Hazlemere leasehold flats will incur a service bill for maintenance of the building invoiced by the landlord. If you acquire the apartment you will have to pay this contribution, normally periodically throughout the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met yearly, this is usually not a large amount, say about £50-£100 but you need to check as occasionally it could be many hundreds of pounds.
Who takes charge for maintaining and repairing the block?
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