Leasehold Conveyancing in The Hale - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in The Hale, you will need to chose a conveyancing lawyer with leasehold experience. Whether your lender is to be Lloyds, RBS or NatWest make sure you choose a lawyer on their panel. Find a The Hale conveyancing lawyer with our search tool

Top Five Questions relating to The Hale leasehold conveyancing

My partner and I may need to sub-let our The Hale ground floor flat temporarily due to a career opportunity. We instructed a The Hale conveyancing firm in 2004 but they have closed and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last The Hale conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you need to obtain permission via your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I only have Seventy years unexpired on my flat in The Hale. I need to extend my lease but my landlord is absent. What should I do?

If you qualify, 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 lengthened by the Court. You will be obliged to prove that you have made all reasonable attempts to find the lessor. On the whole an enquiry agent should be helpful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering The Hale.

I work for a reputable estate agency in The Hale where we have experienced a few flat sales derailed as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local The Hale conveyancing solicitors. Please can you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

What advice can you give us when it comes to appointing a The Hale conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a The Hale conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non The Hale conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

  • What volume of lease extensions has the firm completed in The Hale in the last twenty four months?
  • What are the costs for lease extension conveyancing?

    • Do you have any top tips for leasehold conveyancing in The Hale from the point of view of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in The Hale can be reduced where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the buyers solicitors.
    • The majority freeholders or Management Companies in The Hale levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in The Hale.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in The Hale state that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord approving such alterations. Where you fail to have the approvals in place do not contact the landlord without checking with your lawyer before hand.
  • A minority of The Hale leases require Landlord’s consent to the sale and approval of the buyers. 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 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Arranging a replacement share certificate is often a time consuming formality and slows down many a The Hale home move. If a new share is required, you should approach the company officers or managing agents (where relevant) for this as soon as possible.

    • I have attempted and failed to negotiate with my landlord for a lease extension without getting anywhere. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a The Hale conveyancing firm to represent me?

    Absolutely. We are happy to put you in touch with a The Hale conveyancing firm who can help.

    An example of a Lease Extension case for a The Hale flat is 20 Orchard Court Stonegrove in June 2009. The tribunal decided that a premium of £11,040 should be payable for the new lease This case related to 1 flat. The unexpired term was 71.55 years.