Leasehold Conveyancing in Hermon - Get a Quote from the leasehold experts approved by your lender

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Sample questions relating to Hermon leasehold conveyancing

My fiance and I may need to rent out our Hermon 1st floor flat for a while due to taking a sabbatical. We used a Hermon conveyancing firm in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Hermon do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I only have Sixty One years unexpired on my lease in Hermon. I am keen to extend my lease but my freeholder is absent. What should I do?

If you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you have used your best endeavours to track down the freeholder. In some cases an enquiry agent should be useful to try and locate and to produce a report which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the application to the County Court overseeing Hermon.

Looking forward to sign contracts shortly on a basement flat in Hermon. Conveyancing lawyers have said that they report fully on Monday. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in respect of the communal areas in the building.For instance, does the lease include a right of way over an accessway or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Whether the lease restricts you from letting out the flat, or having a home office for business
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Hermon please enquire of your solicitor in advance of your conveyancing in Hermon

    • I work for a reputable estate agency in Hermon where we have experienced a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have received conflicting advice from local Hermon conveyancing solicitors. Could you clarify whether the owner of a flat can commence the lease extension formalities for the buyer?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    What advice can you give us when it comes to choosing a Hermon conveyancing firm to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Hermon conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Hermon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • Can they put you in touch with client in Hermon who can give a testimonial?
  • What are the charges for lease extension conveyancing?

    • Hermon Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

      In the main the outlay for major works are not incorporated into the service charges, although a few managing agents in Hermon require leasehold owners to pay into a reserve fund and this is used to offset against larger repairs or maintenance. What prohibitions are contained in the Hermon Lease? If a Hermon lease has less than 80 years it will affect the marketability of the flat. Check with your lender that they are content with remaining years on the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth discovering what this will be. Remember, in most cases you would be required to have been the owner of the property for 24 months before you are eligible to extend the lease.

    Other Topics

    Lease Extensions in Hermon