Frequently asked questions relating to Eastbourne leasehold conveyancing
I am intending to sublet my leasehold apartment in Eastbourne. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
The lease governs relations between the landlord and you the flat owner; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Eastbourne do not prevent strict prohibition on subletting – such a provision would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Eastbourne. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Eastbourne ?
The majority of houses in Eastbourne are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are buying in Eastbourne in which case you should be looking for a Eastbourne conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your lawyer should advise you fully on all the issues.
Back In 2005, I bought a leasehold flat in Eastbourne. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Eastbourne who acted for me is not around.Do I pay?
First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Eastbourne conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to appointing a Eastbourne conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Eastbourne conveyancing firm) it is most important 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 Eastbourne conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- Can they put you in touch with client in Eastbourne who can give a testimonial?
Do you have any top tips for leasehold conveyancing in Eastbourne with the intention of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Eastbourne can be reduced where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ solicitors.
- The majority freeholders or managing agents in Eastbourne charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have 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 reason for delay in leasehold conveyancing in Eastbourne.
I am the registered owner of a garden flat in Eastbourne, conveyancing was carried out 8 years ago. How much will my lease extension cost? Similar properties in Eastbourne with over 90 years remaining are worth £240,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease terminates on 21st October 2103
You have 78 years unexpired we estimate the premium for your lease extension to be between £12,400 and £14,200 plus professional fees.
The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of 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. Please do not move forward based on this information before getting professional advice.
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