Quality lawyers for Leasehold Conveyancing in Hove

Any conveyancing practice can theoretically deal with your leasehold conveyancing in Hove, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Hove leasehold conveyancing Example Support Desk Enquiries

Frank (my husband) and I may need to rent out our Hove 1st floor flat temporarily due to a new job. We instructed a Hove conveyancing firm in 2001 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Hove conveyancing lawyer is not around you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining consent. Such consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Having checked my lease I have discovered that there are only Sixty One years remaining on my lease in Hove. I need to get lease extension but my landlord is missing. What options are available to me?

If 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 demonstrate that you or your lawyers have used your best endeavours to locate the freeholder. On the whole a specialist should be helpful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Hove.

I am hoping to sign contracts shortly on a studio apartment in Hove. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Hove should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The physical extent of the demise. This will be the flat itself but could also incorporate a roof space or basement if applicable.
  • Setting out your rights in relation to common areas in the block.E.G., does the lease provide for a right of way over an accessway or hallways?
  • Whether the lease restricts you from renting out the flat, or having a home office for business
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Hove please ask your solicitor in ahead of your conveyancing in Hove

  • I am a negotiator for a busy estate agency in Hove where we have experienced a few flat sales put at risk due to short leases. I have been given conflicting advice from local Hove conveyancing solicitors. Can you confirm whether the vendor of a flat can initiate the lease extension formalities 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 commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. 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.

    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 purchaser.

    What makes a Hove lease problematic?

    There is nothing unique about leasehold conveyancing in Hove. All leases are unique and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

    I inherited a 1st floor flat in Hove, conveyancing formalities finalised 2000. Can you work out an approximate cost of a lease extension? Corresponding properties in Hove with a long lease are worth £267,000. The average or mid-range amount of ground rent is £60 per annum. The lease finishes on 21st October 2079

    You have 55 years unexpired we estimate the premium for your lease extension to be between £29,500 and £34,000 as well as professional fees.

    The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Hove