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Recently asked questions relating to Alfriston leasehold conveyancing

I want to sublet my leasehold flat in Alfriston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your last Alfriston conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person before subletting. This means you not allowed to sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

Can you offer any advice when it comes to finding a Alfriston conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Alfriston conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Alfriston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Alfriston who can give a testimonial?

  • Do you have any advice for leasehold conveyancing in Alfriston from the point of view of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Alfriston can be avoided where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the buyers representatives.
    • The majority landlords or managing agents in Alfriston charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Alfriston.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Alfriston leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord consenting to such changes. Where you fail to have the consents to hand do not communicate with the landlord without contacting your solicitor in advance.
  • Some Alfriston leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a flat where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.

  • All being well we will complete the disposal of our £475000 maisonette in Alfriston next week. The landlords agents has quoted £396 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Alfriston?

    Alfriston conveyancing on leasehold flats typically involves administration charges raised by managing agents :

    • Completing pre-contract questions
    • Where consent is required before sale in Alfriston
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Alfriston leasehold property is £350. For Alfriston conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

    What makes a Alfriston lease defective?

    Leasehold conveyancing in Alfriston is not unique. All leases are individual and drafting errors can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the property
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, The Mortgage Works, and Bank of Ireland all have very detailed conveyancing instructions 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 grant the mortgage, forcing the buyer to pull out.

    Leasehold Conveyancing in Alfriston - Sample of Questions you should ask Prior to buying

      You should want to find out as much as possible concerning the company managing the building as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to day to day matters like the cleanliness of the communal areas. Enquire of prospective neighbours if they are happy with their service. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending that money. Does the lease include onerous restrictions? The majority of Alfriston leasehold apartments will incur a service bill for maintenance of the building levied by the freeholder. Where you acquire the flat you will have to meet this contribution, usually in instalments during the year. This may differ from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay yearly, normally this is not a exorbitant amount, say around £25-£75 but you need to check as on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Alfriston