I am intending to rent out my leasehold apartment in Brighton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Brighton conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the premises. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you must obtain consent via your landlord or other appropriate person 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 turned down. If the lease does not allow you to sublet you should ask your landlord for their consent.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Brighton. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Brighton are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Brighton so you should seriously consider shopping around for a Brighton conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold flat in Brighton. Conveyancing and Santander mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Brighton who acted for me is not around.What should I do?

First make enquiries of HMLR to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Brighton conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Last month I purchased a leasehold house in Brighton. Do I have any liability for service charges for periods before completion of my purchase?

In a situation 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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 appointing a Brighton conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Brighton conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Brighton conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• What volume of lease extensions have they carried out in Brighton in the last 12 months?

Leasehold Conveyancing in Brighton - Sample of Queries before Purchasing

Many Brighton leasehold flats will be liable to pay a service charge for the upkeep of the block invoiced by the freeholder. Where you acquire the flat you will have to pay this liability, usually periodically accross the year. This could be anything from several hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a ground rent to be met yearly, normally this is not a significant figure, say about £50-£100 but you should to enquire it because occasionally it could be surprisingly expensive. The answer will be helpful as a) areas can cause problems in the block as the common areas may start to deteriorate where maintenance are not paid for b) if the tenants have an issue with the running of the building you will wish to know about it What restrictions exist in the Brighton Lease?

Other Topics

Lease Extensions in Brighton