I am in need of some leasehold conveyancing in Battle. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is registered - and most are in Battle - 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.

I am attracted to a two maisonettes in Battle which have in the region of fifty years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Battle. The lease is a right to use the property for a prescribed time frame. As a lease shortens the value of the lease reduces and results in it becoming more expensive to acquire a lease extension. This is why it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

Can you offer any advice when it comes to appointing a Battle conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Battle conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Battle conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• If they are not ALEP accredited then what is the reason?

Can they put you in touch with client in Battle who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Battle with the aim of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Battle can be bypassed if you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ lawyers.
• The majority landlords or managing agents in Battle charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Battle.

If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Battle state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such changes. Should you dont have the paperwork in place do not contact the landlord without checking with your lawyer before hand.

A minority of Battle leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is 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 you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unsettled. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved.

Completion in due on our sale of a £125000 apartment in Battle on Thursday in a week. The management company has quoted £312 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Battle?

Battle conveyancing on leasehold flats ordinarily necessitates administration charges raised by landlords agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Battle
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Battle leasehold property is £350. For Battle 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 required to provide answers.

Battle Conveyancing for Leasehold Flats - Examples of Queries before buying

How much is the yearly maintenance fee and ground rent? It is important to be aware whether fixing the lift or some other major work is anticipated to be shared amongst the leasehold owners and may well materially increase the the maintenance fees or result in a one off invoice. Are there any major works in the near future that could increase the maintenance fees?

Other Topics

Lease Extensions in Battle