Having had my offer accepted I require leasehold conveyancing in Hailsham. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in Hailsham - 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.

I today plan to offer on a house that seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Hailsham. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

Most houses in Hailsham are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Hailsham in which case you should be shopping around for a Hailsham conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your solicitor should report to you on the legal implications.

What advice can you give us when it comes to finding a Hailsham conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Hailsham conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Hailsham conveyancing practices before you 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 Hailsham who can give a testimonial?

All being well we will complete our sale of a £375000 apartment in Hailsham next Tuesday . The managing agents has quoted £312 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Hailsham?

Hailsham conveyancing on leasehold flats more often than not involves the buyer’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to answer such questions most will be willing to do so. They are at liberty invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The administration charge invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality you have little option but to pay whatever is demanded if you want to sell the property.

Are there frequently found problems that you encounter in leases for Hailsham properties?

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

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Leeds Building Society, and Barclays Direct 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 is defective they may refuse to provide security, obliging the purchaser to withdraw.

Hailsham Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

Does this lease have in excess of 80 years unexpired? Be sure to enquire if the the lease contains any adverse restrictions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Hailsham. If you love the apartmentin Hailsham but your dog can’t live with you then you will be presented with a hard decision. The best form of lease arrangement is if the freehold title is owned by the leaseholders. In this arrangement the lessees benefit from being in charge if their destiny and even though a managing agent is frequently employed if it is bigger than a house conversion, the managing agent retained by the leaseholders.

Other Topics

Lease Extensions in Hailsham