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Bexhill leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Bexhill. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

If the lease is registered - and most are in Bexhill - 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 wish to let out my leasehold flat in Bexhill. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your previous Bexhill conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or some other party before subletting. The net result is you not allowed to sublet without prior permission. The consent must not not be unreasonably withheld. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Planning to exchange soon on a leasehold property in Bexhill. Conveyancing lawyers have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Bexhill should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The total extent of the demise. This will be the apartment itself but may include a roof space or basement if appropriate.
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Bexhill please ask your lawyer in ahead of your conveyancing in Bexhill

    • I've recently bought a leasehold house in Bexhill. Do I have any liability for service charges for periods before my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    What advice can you give us when it comes to finding a Bexhill conveyancing firm to deal with our lease extension?

    When appointing a solicitor for your lease extension (regardless if they are a Bexhill conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Bexhill conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • If they are not ALEP accredited then why not?
  • What are the costs for lease extension conveyancing?

    • Bexhill Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      Is there a share of the freehold? Plenty Bexhill leasehold properties will be liable to pay a service charge for the upkeep of the building set on behalf of the freeholder. Where you purchase the flat you will have to meet this contribution, usually periodically throughout the year. This could vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all likelihood there will be a rentcharge for you to pay yearly, ordinarily this is not a significant amount, say around £50-£100 but you need to enquire as on occasion it can be surprisingly expensive. Please note if it is no more than eighty years it will impact the salability of the apartment. Check with your mortgage company that they are content with remaining years on the lease. A short lease means that you will probably need a lease extension sooner rather than later and it is worth finding out how much this would cost. For most Bexhilllease extensions you will need to own the premises for 24 months in order to be eligible to carry out a lease extension.

    Other Topics

    Lease Extensions in Bexhill