I am in need of some leasehold conveyancing in Hatton. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in Hatton - 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.

Frank (my husband) and I may need to rent out our Hatton ground floor flat for a while due to a career opportunity. We used a Hatton conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Hatton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I’m about to sell my basement flat in Hatton.Conveyancing has not commenced but I have just received a yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should clear 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.

Can you provide any top tips for leasehold conveyancing in Hatton with the purpose of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Hatton can be avoided if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
• If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Hatton leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord approving such alterations. If you fail to have the paperwork in place do not communicate with the landlord without checking with your lawyer in the first instance.

Some Hatton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.

If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Arranging a new share certificate is often a lengthy formality and delays many a Hatton conveyancing deal. Where a reissued share is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

You believe that you know the number of years left on your lease but it would be advisable verify this by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £475000 apartment in Hatton next week. The landlords agents has quoted £300 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Hatton?

Hatton conveyancing on leasehold maisonettes nine out of ten times results in administration charges invoiced by freeholders :

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Hatton
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Hatton leasehold property is £350. For Hatton 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 provide the information.

Notwithstanding our best endeavours, we have been unsuccessful in trying to purchase the freehold in Hatton. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Where there is a missing landlord or if there is disagreement about the premium for a lease extension, under the relevant statutes you can apply to the First-tier Tribunal (Property Chamber) to calculate the premium.

An example of a Lease Extension matter before the tribunal for a Hatton flat is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case related to 1 flat. The unexpired term was 82.93 years.

Other Topics

Lease Extensions in Hatton