I am in need of some leasehold conveyancing in Highcliffe. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Highcliffe - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I want to rent out my leasehold flat in Highcliffe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Even though your previous Highcliffe conveyancing lawyer is no longer around you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to obtain consent from your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I am hoping to complete next month on a studio apartment in Highcliffe. Conveyancing lawyers have said that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

• You should receive a copy of the lease

I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Highcliffe. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Highcliffe ?

The majority of houses in Highcliffe are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Highcliffe in which case you should be looking for a Highcliffe conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

I am a negotiator for a long established estate agency in Highcliffe where we have witnessed a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received contradictory information from local Highcliffe conveyancing firms. Please can you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

Leasehold Conveyancing in Highcliffe - Sample of Questions you should ask before Purchasing

Make sure you discover if there are any onerous prohibitions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Highcliffe. If you love the apartmentin Highcliffe yet your dog can’t make the move with you then you will be presented with a hard decision. For many Highcliffe leaseholds the cost for major works tend not to be built into the service charges, although some managing agents in Highcliffe ask leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance. Are there any major works anticipated that will increase the service costs?

Other Topics

Lease Extensions in Highcliffe