Hazlemere leasehold conveyancing: Q and A’s
Jane (my partner) and I may need to let out our Hazlemere 1st floor flat for a while due to taking a sabbatical. We used a Hazlemere conveyancing practice in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
The lease governs relations between the landlord and you the flat owner; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Hazlemere do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.
Planning to complete next month on a leasehold property in Hazlemere. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Hazlemere should include some of the following:
- Setting out your legal entitlements in respect of common areas in the block.E.G., does the lease include a right of way over an accessway or staircase?
I've found a house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Hazlemere. Conveyancing lawyers have not yet been instructed. Will they explain the issues?
The majority of houses in Hazlemere are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Hazlemere so you should seriously consider looking for a Hazlemere conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will advise you fully on all the issues.
Do you have any advice for leasehold conveyancing in Hazlemere with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Hazlemere can be bypassed if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
- If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Hazlemere state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you dont have the paperwork in place you should not communicate with the landlord without checking with your solicitor in the first instance.
What makes a Hazlemere lease problematic?
There is nothing unique about leasehold conveyancing in Hazlemere. Most leases are unique and drafting errors can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain parts of the building
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, The Royal Bank of Scotland, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.
I inherited a ground floor flat in Hazlemere, conveyancing was carried out half a dozen years ago. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Hazlemere with over 90 years remaining are worth £175,000. The average or mid-range amount of ground rent is £55 per annum. The lease finishes on 21st October 2099
You have 76 years remaining on your lease we estimate the premium for your lease extension to range between £11,400 and £13,200 as well as professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.
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