The buyer’s solicitor helping the buyer for the purchase of a sub-lease has to act in a similar manner as any solicitor would when undertaking the purchase of a freehold. He would have to investigate the title and inspect the terms of the draft contract sent by the seller’s conveyancing solicitor.
He should check the copy of the lease and deal with any problems if revealed. He should also make an effort to ensure that his client is aware of the responsibilities imposed by the covenants.
If a lender is involved in the purchase of the assignment, his opinion should also be sought before the terms of the lease are accepted. The solicitor should make the same searches and for the same purpose as he would on a freehold. However, it is important to note that such searches are uncommon in the case of short-term leases.
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