Fixed-fee leasehold conveyancing in Hedge End and Botley:

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When it comes to leasehold conveyancing in Hedge End and Botley, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Clydesdale , Yorkshire Building Society or Nationwide be sure to choose a lawyer on their approved list. Find a Hedge End and Botley conveyancing lawyer with our search tool

Questions and Answers: Hedge End and Botley leasehold conveyancing

I would like to rent out my leasehold flat in Hedge End and Botley. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your last Hedge End and Botley conveyancing solicitor is no longer available you can check your lease to see if you are permitted to let out the property. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent from your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

Having checked my lease I have discovered that there are only 72 years unexpired on my lease in Hedge End and Botley. I now wish to extend my lease but my freeholder is can not be found. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission 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. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases an enquiry agent would be useful to carry out a search and to produce an expert document which can be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court overseeing Hedge End and Botley.

I’m about to sell my basement apartment in Hedge End and Botley.Conveyancing has not commenced but I have just had a quarterly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you discharge 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 management companies 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 own a leasehold flat in Hedge End and Botley. Conveyancing and Barclays Direct mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Hedge End and Botley who previously acted has long since retired.Any advice?

First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Hedge End and Botley conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any top tips for leasehold conveyancing in Hedge End and Botley from the perspective of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Hedge End and Botley can be avoided if you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
  • Many freeholders or managing agents in Hedge End and Botley levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have 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 delay in leasehold conveyancing in Hedge End and Botley.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Hedge End and Botley leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord approving such alterations. If you dont have the approvals to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet 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 buyers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a re-issued share certificate is often a time consuming process and delays many a Hedge End and Botley home move. Where a reissued share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • Hedge End and Botley Leasehold Conveyancing - A selection of Queries before buying

      Plenty Hedge End and Botley leasehold flats will be liable to pay a service charge for maintenance of the block invoiced by the landlord. If you buy the apartment you will have to pay this amount, usually periodically accross the year. This can be anything from a few hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay yearly, ordinarily this is not a large amount, say approximately £25-£75 but you should to enquire as occasionally it could be surprisingly expensive. Is there a share of the freehold? Best to be warned if fixing the lift or some other major work is due shortly to be shared by the leaseholders and will dramatically impact the level of the service fees or result in a one off payment.

    Other Topics

    Lease Extensions in Hedge End and Botley