My partner and I may need to rent out our Hook Norton 1st floor flat for a while due to a career opportunity. We instructed a Hook Norton conveyancing firm in 2002 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Hook Norton conveyancing solicitor is no longer around you can review your lease to check if it allows you to sublet the premises. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of prior permission. Such consent is not allowed to be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

I've found a house that appears to meet my requirements, 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 particular concerns purchasing a leasehold house in Hook Norton. Conveyancing advisers have not yet been appointed. Will they explain the issues?

Most houses in Hook Norton are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Hook Norton so you should seriously consider looking for a Hook Norton conveyancing practitioner and check that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer will appraise you on the various issues.

Back In 2004, I bought a leasehold flat in Hook Norton. Conveyancing and Alliance & Leicester mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Hook Norton who acted for me is not around.Any advice?

The first thing you should do is make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Hook Norton conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a busy estate agency in Hook Norton where we have experienced a few leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Hook Norton conveyancing solicitors. Can you clarify whether the owner of a flat can start the lease extension process for the buyer?

As long as the seller has been the owner 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 buyer need not have 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 simultaneously with completion of the disposal of the property.

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 purchaser.

If all goes to plan we aim to complete the sale of our £300000 garden flat in Hook Norton next Wednesday . The management company has quoted £348 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Hook Norton?

Hook Norton conveyancing on leasehold flats more often than not involves the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to do so. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some situations it is above £800. The administration charge levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, without which the invoice is technically not due. In reality you have little choice but to pay whatever is requested of you should you wish to sell the property.

Hook Norton Leasehold Conveyancing - A selection of Queries before Purchasing

It would be prudent to discover as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the communal areas. Ask other tenants what they think of their management. Finally, find out the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. You should be aware if it is less than eighty years it will have adverse implications on the salability of the property. Check with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you would need to own the residence for 24 months before you are eligible to exercise a lease extension. This question is useful as a) areas can result in problems in the block as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leasehold owners have a dispute with the managing agents you will need to know about it

Other Topics

Lease Extensions in Hook Norton