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When it comes to leasehold conveyancing in Hurst Green, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or NatWest make sure you choose a lawyer on their approved list. Find a Hurst Green conveyancing lawyer with our search tool

Top Five Questions relating to Hurst Green leasehold conveyancing

I am on look out for some leasehold conveyancing in Hurst Green. Before I get started I would like to find out the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Hurst Green - then the leasehold title will always include the short particulars 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.

My husband and I may need to sub-let our Hurst Green ground floor flat for a while due to a career opportunity. We instructed a Hurst Green conveyancing firm in 2002 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Hurst Green conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of prior permission. The consent must not not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord for their consent.

Back In 2009, I bought a leasehold flat in Hurst Green. Conveyancing and Halifax mortgage went though with no issue. A letter has just been received 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 now retired.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Hurst Green conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to finding a Hurst Green conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Hurst Green conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Hurst Green conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

  • If they are not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Hurst Green who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Hurst Green from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Hurst Green can be bypassed where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Hurst Green state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such changes. Should you fail to have the approvals in place do not communicate with the landlord without checking with your conveyancer first.
  • 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 should make it clear that the buyer is able to meet the yearly 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 buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unsettled.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Hurst Green - A selection of Queries Prior to Purchasing

      Is the freehold reversion owned collectively by the tenants? How many of the leaseholders are in arrears for their service charge payments? Who is in charge of the block?

    Other Topics

    Lease Extensions in Hurst Green