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

Assuming the lease is recorded at the land registry - and almost all are in Eastbourne - 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 hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Eastbourne. Conveyancing lawyers have are about to be appointed. Will they explain the issues?

The majority of houses in Eastbourne are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Eastbourne so you should seriously consider shopping around for a Eastbourne conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant 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 carry out alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer should report to you on the legal implications.

My wife and I purchased a leasehold flat in Eastbourne. Conveyancing and Leeds Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Eastbourne who acted for me is not around.What should I do?

First make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. There is no need to instruct a Eastbourne conveyancing firm to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

• A significant proportion of the frustration in leasehold conveyancing in Eastbourne can be avoided if you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers lawyers.
• Many landlords or Management Companies in Eastbourne charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Eastbourne.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Eastbourne state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such changes. Should you dont have the approvals to hand you should not communicate with the landlord without checking with your conveyancer first.
• If you have had conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as historic rather than ongoing.
• You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. In the circumstances it is essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the sale of our £ 175000 garden flat in Eastbourne on Tuesday in a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Eastbourne?

Eastbourne conveyancing on leasehold maisonettes nine out of ten times necessitates fees being raised by landlords agents :

• Answering pre-contract questions
• Where consent is required before sale in Eastbourne
• Supplying insurance information
• 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 Eastbourne leasehold property is £350. For Eastbourne 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 obliged to provide answers.

Leasehold Conveyancing in Eastbourne - Sample of Queries Prior to Purchasing

The majority of Eastbourne leasehold flats will have a service bill for the upkeep of the block levied on behalf of the freeholder. Should you acquire the flat you will have to pay this charge, normally periodically accross the year. This could vary from several hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent to be met annual, this is usually not a large sum, say approximately £25-£75 but you should to check as occasionally it could be many hundreds of pounds.