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Cuckfield leasehold conveyancing: Q and A’s

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

If the lease is recorded at the land registry - and 99.9% are in Cuckfield - then the leasehold title will always include the short particulars 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.

Due to complete next month on a ground floor flat in Cuckfield. Conveyancing lawyers assured me that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Setting out your rights in relation to the communal areas in the block.For example, does the lease include a right of way over an accessway or hallways?
  • You must be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be included in your report on your leasehold property in Cuckfield please ask your solicitor in ahead of your conveyancing in Cuckfield

    • Back In 2005, I bought a leasehold house in Cuckfield. Conveyancing and Lloyds TSB Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Cuckfield who previously acted has now retired.What should I do?

    First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to instruct a Cuckfield conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

    When appointing a conveyancer for your lease extension (regardless if they are a Cuckfield conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Cuckfield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

    • If the firm is not ALEP accredited then why not?
  • How many lease extensions have they completed in Cuckfield in the last year?

    • Do you have any advice for leasehold conveyancing in Cuckfield with the aim of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Cuckfield can be reduced where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the buyers representatives.
    • Many freeholders or Management Companies in Cuckfield charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Cuckfield.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Cuckfield state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the approvals to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • I purchased a split level flat in Cuckfield, conveyancing was carried out 2009. Can you please calculate a probable premium for a statutory lease extension? Corresponding properties in Cuckfield with over 90 years remaining are worth £229,000. The ground rent is £60 charged once a year. The lease ends on 21st October 2102

    You have 77 years unexpired the likely cost is going to range between £11,400 and £13,200 as well as legals.

    The figure above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed investigations. Do not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Cuckfield