My fiance and I may need to let out our Hounslow basement flat for a while due to taking a sabbatical. We instructed a Hounslow conveyancing firm in 2003 but they have closed and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Hounslow conveyancing solicitor is not available you can check your lease to see if it allows you to sublet the property. The rule is that if the deeds are silent, subletting is allowed. There may be a precondition that you must seek consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior consent. The consent should not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I am a negotiator for a long established estate agency in Hounslow where we have witnessed a number of leasehold sales derailed due to short leases. I have been given contradictory information from local Hounslow conveyancing firms. Please can you confirm whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

Provided that 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 proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord 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 offer any advice when it comes to finding a Hounslow conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Hounslow conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Hounslow conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How familiar is the firm with lease extension legislation?
• How many lease extensions have they conducted in Hounslow in the last 12 months?

Can you provide any advice for leasehold conveyancing in Hounslow with the intention of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Hounslow can be bypassed where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers conveyancers.
• Many landlords or managing agents in Hounslow charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Hounslow.
• If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Hounslow leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the paperwork to hand do not communicate with the landlord without contacting your conveyancer before hand.
• Some Hounslow leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is below 80 years. It is therefore essential at an early stage 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.

I am the leaseholder of a basement flat in Hounslow. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the sum payable for a lease extension?

Most definitely. We are happy to put you in touch with a Hounslow conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Hounslow 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 was in relation to 1 flat. The the unexpired term as at the valuation date was 60.45 years.

What makes a Hounslow lease defective?

There is nothing unique about leasehold conveyancing in Hounslow. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• 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

You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Bank of Scotland, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

Hounslow Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

You should be aware that where the lease has less than 80 years it will have adverse implications on the value of the apartment. It is worth checking with your lender that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease at some point and you need to have some idea of what this will be. For most Hounslowlease extensions you would be be obliged to have owned the residence for a couple of years before you are eligible to exercise a lease extension. Make sure you enquire if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in in a block in Hounslow. If you like the flatin Hounslow but your cat is not allowed to move with you then you will be faced difficult compromise.