I am intending to rent out my leasehold flat in Hurst. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Some leases for properties in Hurst do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold 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 permission.

I have just appointed agents to market my basement flat in Hurst.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – Do I pay up?

The sensible thing to do is pay the invoice 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 managing agents will not acknowledge the buyer unless 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 am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Hurst. Conveyancing lawyers have are about to be appointed. Will they explain the issues?

Most houses in Hurst are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Hurst in which case you should be looking for a Hurst conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

I am a negotiator for a reputable estate agency in Hurst where we have experienced a number of leasehold sales put at risk due to short leases. I have received conflicting advice from local Hurst conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can commence 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 commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is 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 has to be done 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.

Completion in due on the disposal of our £450000 maisonette in Hurst on Monday in a week. The managing agents has quoted £300 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Hurst?

Hurst conveyancing on leasehold apartments nine out of ten times necessitates fees being raised by landlords agents :

• Answering pre-contract questions
• Where consent is required before sale in Hurst
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Hurst leasehold property is £350. For Hurst conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Hurst Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Are there any major works anticipated that will likely add a premium to the maintenance fees? It would be a good idea to investigate if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Hurst. If you love the apartmentin Hurst but your dog can’t make the move with you then you will be presented with a difficult decision. The answer will be helpful as a) areas could result in problems in the block as the common areas may start to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the running of the building you will want to know about it

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Lease Extensions in Hurst