I am on look out for some leasehold conveyancing in Hurst Green. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Hurst Green - 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.

Helen (my wife) and I may need to let out our Hurst Green garden flat temporarily due to a career opportunity. We instructed a Hurst Green conveyancing firm in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease governs relations between the freeholder and you the leaseholder; specifically, it will say if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Hurst Green do not prevent an absolute prevention of subletting – such a clause would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Expecting to sign contracts shortly on a basement flat in Hurst Green. Conveyancing solicitors assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

• The total extent of the premises. This will be the property itself but could also include a roof space or basement if applicable.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Hurst Green. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Hurst Green ?

The majority of houses in Hurst Green are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Hurst Green in which case you should be looking for a Hurst Green conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.

I work for a reputable estate agent office in Hurst Green where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Hurst Green conveyancing firms. Can you clarify whether the owner of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease 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. 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 at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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 buyer.

Hurst Green Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

The majority of Hurst Green leasehold properties will be liable to pay a service charge for the upkeep of the block set on behalf of the management company. Should you buy the apartment you will have to pay this liability, normally in instalments during the year. This may be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a rentcharge to be met yearly, normally this is not a large sum, say about £25-£75 but you should to check it because occasionally it could be prohibitively expensive. You should be aware if it is no more than 80 years it will impact the marketability of the apartment. It is worth checking with your lender that they are content with the length of the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. For most Hurst Greenlease extensions you would need to own the premises for a couple of years in order to be legally able to extend the lease. Generally speaking the outlay for major works are not included within maintenance charges, albeit that there some managing agents in Hurst Green ask tenants to contribute towards a reserve fund created for the specific purpose of building a fund for major works.

Other Topics

Lease Extensions in Hurst Green