I am in need of some leasehold conveyancing in East Dean. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and most are in East Dean - 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.

What are your top tips when it comes to choosing a East Dean conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a East Dean conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non East Dean conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• How experienced is the practice with lease extension legislation?

If the firm is not ALEP accredited then why not?

Do you have any top tips for leasehold conveyancing in East Dean with the aim of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in East Dean can be avoided if you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the buyers lawyers.
• Many freeholders or managing agents in East Dean charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in East Dean.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? East Dean leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such changes. If you fail to have the approvals in place do not contact the landlord without contacting your solicitor in the first instance.

If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Arranging a new share certificate can be a lengthy process and frustrates many a East Dean conveyancing transaction. Where a reissued share is required, do contact the company officers or managing agents (where applicable) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. It is therefore important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete the disposal of our £275000 apartment in East Dean in just under a week. The managing agents has quoted £348 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in East Dean?

For most leasehold sales in East Dean conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract enquiries
• Where consent is required before sale in East Dean
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for East Dean leasehold premises is £350. For East Dean 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.

What makes a East Dean lease problematic?

There is nothing unique about leasehold conveyancing in East Dean. All leases are unique and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Coventry Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.

East Dean Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

What is the name of the managing agents? The majority of East Dean leasehold flats will incur a service charge for the upkeep of the block set on behalf of the management company. If you acquire the flat you will have to meet this liability, usually quarterly accross the year. This may be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a rentcharge for you to pay annual, normally this is not a large amount, say about £25-£75 but you should to check as occasionally it could be many hundreds of pounds. How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in East Dean