My partner and I may need to sub-let our Hurst Green 1st floor flat for a while due to a new job. We used a Hurst Green conveyancing firm in 2002 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

The lease dictates relations between the landlord and you the leaseholder; specifically, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Hurst Green do not prevent strict prohibition on subletting – such a provision would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

Having checked my lease I have discovered that there are only 68 years left on my lease in Hurst Green. I now wish to extend my lease but my freeholder is can not be found. What should I do?

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 enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the freeholder. In some cases a specialist should be helpful to conduct investigations and to produce a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Hurst Green.

My wife and I purchased a leasehold flat in Hurst Green. Conveyancing and HSBC Bank mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Hurst Green who previously acted has long since retired.Do I pay?

First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to instruct a Hurst Green conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to appointing a Hurst Green conveyancing practice to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Hurst Green conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Hurst Green conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• If they are not ALEP accredited then what is the reason?

What makes a Hurst Green lease defective?

There is nothing unique about leasehold conveyancing in Hurst Green. Most leases are unique and legal mistakes in the legal wording can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements 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 as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Norwich and Peterborough Building Society, and TSB all have very detailed 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 provide security, forcing the buyer to withdraw.

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

What is the the remaining lease term? The majority of Hurst Green leasehold properties will incur a service bill for the upkeep of the building set on behalf of the landlord. Where you buy the apartment you will have to pay this contribution, usually periodically accross the year. This may vary from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent to be met annual, ordinarily this is not a exorbitant sum, say around £50-£100 but you should to check as sometimes it can be prohibitively expensive. The answer will be helpful as a) areas can result in problems in the building as the common areas may start to deteriorate where repairs remain unpaid b) if the tenants have an issue with the running of the building you will wish to know about it

Other Topics

Lease Extensions in Hurst Green