I would like to rent out my leasehold apartment in Hurst. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your previous Hurst conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you need to seek permission from your landlord or some other party prior to subletting. This means you not allowed to sublet without first obtaining permission. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it more attractive. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Hurst. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

The majority of houses in Hurst are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Hurst so you should seriously consider shopping around for a Hurst conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.

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

When appointing a solicitor for lease extension works (regardless if they are a Hurst conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Hurst conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• How many lease extensions have they conducted in Hurst in the last 12 months?

What are the legal fees for lease extension conveyancing?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £475000 apartment in Hurst next Friday . The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Hurst?

Hurst conveyancing on leasehold apartments typically involves fees being invoiced by managing agents :

• Addressing pre-contract enquiries
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Hurst leasehold premises 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 required to provide answers.

When it comes to leasehold conveyancing in Hurst what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Hurst. Most leases are individual and drafting errors can result in certain clauses are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Norwich and Peterborough Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to pull out.

Leasehold Conveyancing in Hurst - Sample of Questions you should ask Prior to Purchasing

If a Hurst lease has fewer than eighty years it will impact the value of the apartment. It is worth checking with your bank that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will probably have to extend the lease at some point and it is worth discovering what this will be. Remember, in most cases you will need to own the premises for a couple of years in order to be eligible to exercise a lease extension. Are there any major works anticipated that will add a premium to the service costs? Make sure you discover if the the lease includes any unreasonable restrictions in the lease. For instance some leases prohibit pets being allowed in certain buildings in Hurst. If you love the apartmentin Hurst yet your dog can’t make the move with you then you will be presented with a hard determination.

Other Topics

Lease Extensions in Hurst