Fixed-fee leasehold conveyancing in Bournemouth:

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Sample questions relating to Bournemouth leasehold conveyancing

Helen (my wife) and I may need to let out our Bournemouth garden flat temporarily due to a career opportunity. We instructed a Bournemouth conveyancing firm in 2002 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease dictates the relationship between the landlord and you the flat owner; in particular, it will say if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Bournemouth do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Due to exchange soon on a leasehold property in Bournemouth. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Bournemouth should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Will you be prohibited or prevented from having pets in the property?
  • Whether your lease has a provision for a reserve fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Bournemouth please enquire of your solicitor in ahead of your conveyancing in Bournemouth

    • I have just started marketing my 2 bed apartment in Bournemouth.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – what should I do?

    The sensible thing to do is discharge 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 tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently been informed that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Bournemouth. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Bournemouth ?

    Most houses in Bournemouth are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Bournemouth so you should seriously consider looking for a Bournemouth conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your solicitor should appraise you on the various issues.

    I am a negotiator for a busy estate agency in Bournemouth where we have experienced a few flat sales derailed due to short leases. I have received contradictory information from local Bournemouth conveyancing firms. Please can you confirm whether the seller of a flat can instigate the lease extension formalities for the buyer?

    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. This means 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 has to be done before, 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 buyer.

    Bournemouth Leasehold Conveyancing - A selection of Questions you should ask Prior to buying

      Be sure to investigate if there are any onerous restrictions in the lease. By way of example it is reasonably common in Bournemouth leases that pets are not allowed in certain buildings in Bournemouth. If you love the apartmentin Bournemouth but your dog can’t live with you then you will be faced hard choice. What is the service charge and ground rent on the flat? What prohibitions are there in the Bournemouth Lease?

    Other Topics

    Lease Extensions in Bournemouth