You should [be sent a copy of the lease|receive a copy of the lease]

Planning to complete next month on a basement flat in Hurst Green. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

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

• Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
• The total extent of the premises. This will be the flat itself but may include a loft or basement if applicable.
• Setting out your rights in respect of common areas in the building.By way of example, does the lease contain a right of way over a path or staircase?
• Whether your lease has a provision for a sinking fund?
• Changes to the flat (alterations and additions)
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

For a comprehensive list of information to be included in your report on your leasehold property in Hurst Green please enquire of your lawyer in ahead of your conveyancing in Hurst Green

I've found a house that appears to be perfect, at a reasonable price which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Hurst Green. Conveyancing advisers have not yet been instructed. Will they explain the issues?

The majority of houses in Hurst Green are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Hurst Green so you should seriously consider shopping around for a Hurst Green conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should appraise you on the various issues.

I work for a long established estate agent office in Hurst Green where we see a few flat sales jeopardised as a result of short leases. I have received conflicting advice from local Hurst Green conveyancing solicitors. Can you confirm whether the vendor of a flat can commence 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer 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 has to be done prior to, or simultaneously with completion of the sale.

An alternative approach is 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 buyer.

Can you provide any top tips for leasehold conveyancing in Hurst Green with the purpose of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Hurst Green can be reduced where you get in touch lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
• The majority landlords or managing agents in Hurst Green levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Hurst Green.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Hurst Green state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you fail to have the paperwork to hand do not communicate with the landlord without checking with your lawyer in the first instance.
• Some Hurst Green leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you hold a share in a the freehold, you should make sure that you have the original share document. Organising a re-issued share certificate can be a lengthy process and frustrates many a Hurst Green conveyancing deal. If a new share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.

We expect to complete the disposal of our £ 250000 apartment in Hurst Green next Wednesday . The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Hurst Green?

For most leasehold sales in Hurst Green conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing pre-contract questions
• Where consent is required before sale in Hurst Green
• Copies of the building insurance and schedule
• 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 Green leasehold premises is £350. For Hurst Green 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 supply the information.

Hurst Green Conveyancing for Leasehold Flats - Sample of Queries before buying

Best to be warned if a new roof is being put on or some other significant cost is due in the near future to be shared between the tenants and may well materially increase the the maintenance charges or result in a one off invoice.