Experts for Leasehold Conveyancing in Hornsea

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Top Five Questions relating to Hornsea leasehold conveyancing

I am on look out for some leasehold conveyancing in Hornsea. Before diving in I would like to find out the number of years remaining on the lease.

If the lease is registered - and almost all are in Hornsea - then the leasehold title will always include the short particulars 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.

Helen (my wife) and I may need to sub-let our Hornsea ground floor flat temporarily due to a career opportunity. We used a Hornsea conveyancing firm in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Your lease governs the relationship between the landlord and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Hornsea do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Looking forward to sign contracts shortly on a garden flat in Hornsea. Conveyancing lawyers inform me that they will have a report out to me within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Hornsea should include some of the following:

  • The total extent of the demise. This will be the flat itself but may include a loft or cellar if applicable.
  • Does the lease prevent you from renting out the flat, or working from home
  • 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
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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
  • 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 For details of the information to be contained in your report on your leasehold property in Hornsea please ask your conveyancer in advance of your conveyancing in Hornsea

    • Back In 2008, I bought a leasehold flat in Hornsea. Conveyancing and Nottingham Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Hornsea who acted for me is not around.Any advice?

    First make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to instruct a Hornsea conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am employed by a reputable estate agency in Hornsea where we have experienced a number of flat sales derailed due to short leases. I have been given contradictory information from local Hornsea conveyancing solicitors. Please can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?

    As long as 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. The benefit of this is that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, 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 buyer.

    Hornsea Leasehold Conveyancing - Examples of Questions you should ask before buying

      How is the lease structured? This question is important as a) areas may cause problems in the building as the communal areas may begin to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have all the details Are there any major works on the horizon that could increase the maintenance fees?

    Other Topics

    Lease Extensions in Hornsea