I am intending to rent out my leasehold flat in Maze Hill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous Maze Hill conveyancing lawyer is not available you can check your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain permission via your landlord or other appropriate person prior to subletting. This means you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I only have 72 years left on my lease in Maze Hill. I need to extend my lease but my landlord is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent should be useful to try and locate and to produce a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Maze Hill.

I am attracted to a two maisonettes in Maze Hill both have about 50 years unexpired on the lease term. Do I need to be concerned?

There are plenty of short leases in Maze Hill. The lease is a right to use the property for a prescribed time frame. As the lease gets shorter the saleability of the lease deteriorate and results in it becoming more costly to extend the lease. For this reason it is advisable to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We recommend you get professional help from a conveyancer and surveyor with experience in this arena

Can you offer any advice when it comes to choosing a Maze Hill conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Maze Hill conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Maze Hill conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If the firm is not ALEP accredited then why not?
• What are the costs for lease extension work?

I have tried to negotiate informally with with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Maze Hill conveyancing firm to act on my behalf?

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

An example of a Lease Extension matter before the tribunal for a Maze Hill property is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case related to 2 flats. The the number of years remaining on the existing lease(s) was 72 years.

Are there common defects that you see in leases for Maze Hill properties?

Leasehold conveyancing in Maze Hill is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• 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 may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Virgin Money, and TSB all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to pull out.

Leasehold Conveyancing in Maze Hill - A selection of Questions you should consider Prior to Purchasing

For most Maze Hill leaseholds the cost for major works are not incorporated into the service charges, albeit that some managing agents in Maze Hill obliged leaseholders to pay into a sinking fund and this is used to offset against larger works. Make sure you find out if the the lease includes any onerous restrictions in the lease. For instance it is fairly common in Maze Hill leases that pets are not permitted in certain buildings in Maze Hill. If you love the apartmentin Maze Hill but your dog can’t make the move with you then you will be faced difficult choice. Are there any major works in the near future that will likely add a premium to the service costs?