Fixed-fee leasehold conveyancing in Horfield:

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Sample questions relating to Horfield leasehold conveyancing

Harry (my fiance) and I may need to rent out our Horfield ground floor flat temporarily due to a career opportunity. We used a Horfield conveyancing firm in 2004 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?

Your lease dictates the relationship between the freeholder and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Horfield do not contain an absolute prevention of subletting – such a clause would adversely affect the market value the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

You should [be sent a copy of the lease|receive a copy of the lease]

Due to sign contracts shortly on a leasehold property in Horfield. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • The physical extent of the demise. This will be the apartment itself but might include a loft or basement if appropriate.
  • Setting out your legal entitlements in relation to the communal areas in the building.For instance, does the lease grant a right of way over a path or hallways?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease?
For details of the information to be contained in your report on your leasehold property in Horfield please enquire of your conveyancer in ahead of your conveyancing in Horfield

I’m about to sell my basement apartment in Horfield.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you discharge the invoice 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 management companies will not acknowledge the buyer unless 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. This will smooth the conveyancing process.

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it more attractive. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Horfield. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

The majority of houses in Horfield are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Horfield so you should seriously consider shopping around for a Horfield conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

I am employed by a reputable estate agent office in Horfield where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Horfield conveyancing firms. Please can you shed some light as to whether the seller of a flat can start the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser 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 simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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 purchaser.

I acquired a studio flat in Horfield, conveyancing formalities finalised 1995. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable flats in Horfield with an extended lease are worth £185,000. The average or mid-range amount of ground rent is £60 yearly. The lease ceases on 21st October 2104

With only 78 years unexpired the likely cost is going to span between £11,400 and £13,200 plus legals.

The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of detailed due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.