I am on look out for some leasehold conveyancing in Alfriston. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and most are in Alfriston - then the leasehold title will always include the basic details 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 rent out our Alfriston ground floor flat temporarily due to taking a sabbatical. We instructed a Alfriston conveyancing firm in 2002 but they have since shut 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?

Even though your last Alfriston conveyancing lawyer is no longer around you can review your lease to check if you are permitted to let out the premises. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably refused ore delayed. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Alfriston. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

Most houses in Alfriston are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Alfriston so you should seriously consider shopping around for a Alfriston conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.

My wife and I purchased a leasehold flat in Alfriston. Conveyancing and Norwich and Peterborough Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Alfriston who previously acted has long since retired.What should I do?

First contact HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Alfriston conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a long established estate agency in Alfriston where we see a few flat sales put at risk due to short leases. I have been given conflicting advice from local Alfriston conveyancing solicitors. Please can you shed some light as to whether the seller 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. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

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.

Alfriston Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

How many years remain on the lease? Many Alfriston leasehold properties will be liable to pay a service bill for maintenance of the building invoiced on behalf of the freeholder. If you purchase the property you will have to pay this liability, normally quarterly throughout the year. This could differ from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met yearly, ordinarily this is not a large figure, say around £50-£100 but you should to enquire as sometimes it can be many hundreds of pounds. It would be sensible to discover as much as you can regarding the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to day to day matters like the cleanliness of the communal areas. Don't be afraid to ask other tenants if they are happy with them. Finally, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically how they are spending the funds.

Other Topics

Lease Extensions in Alfriston