My husband and I may need to rent out our Hampton Hill basement flat for a while due to a new job. We instructed a Hampton Hill conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Hampton Hill conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent must not not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

I have just appointed agents to market my garden apartment in Hampton Hill.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since found out that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Hampton Hill. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Hampton Hill ?

The majority of houses in Hampton Hill are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Hampton Hill so you should seriously consider shopping around for a Hampton Hill conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

Can you offer any advice when it comes to finding a Hampton Hill conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Hampton Hill conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Hampton Hill conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

• If the firm is not ALEP accredited then why not?
• What volume of lease extensions have they conducted in Hampton Hill in the last 12 months?

I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Hampton Hill conveyancing firm to help?

in cases where there is a missing landlord or if there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to decide the price.

An example of a Lease Extension decision for a Hampton Hill flat is Ground Floor Flat 91 Bath Road in May 2009. in a case where the freeholder could not be traced, the Brentford County Court ordered that the Lease be surrendered in return for the grant of a new lease of the Premises at a premium determined by the Leasehold Valuation Tribunal. The tribunal concluded that the price payable by the Applicant for the new lease of the premises be £15,900 This case affected 1 flat. The the unexpired residue of the current lease was 60.45 years.

What are the frequently found deficiencies that you come across in leases for Hampton Hill properties?

Leasehold conveyancing in Hampton Hill is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Norwich and Peterborough Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Hampton Hill Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

Most Hampton Hill leasehold apartments will have a service charge for maintenance of the building invoiced on behalf of the freeholder. Where you acquire the apartment you will have to meet this liability, normally quarterly throughout the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a ground rent for you to pay annual, this is usually not a large sum, say about £25-£75 but you need to enquire it because on occasion it could be prohibitively expensive. What restrictions are there in the Hampton Hill Lease?