Questions and Answers: Hailsham leasehold conveyancing
Looking forward to exchange soon on a basement flat in Hailsham. Conveyancing solicitors have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Hailsham should include some of the following:
- Are you allowed to have a pet in the flat?
- Whether the lease restricts you from subletting the flat, or working from home
- Whether your lease has a provision for a sinking fund?
- You should have a good understanding of the insurance provisions
- Repair and maintenance of the flat
- Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
- Responsibility for repairing the window frames
My wife and I purchased a leasehold flat in Hailsham. Conveyancing and HSBC Bank mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Hailsham who acted for me is not around.Any advice?
The first thing you should do is make enquiries of HMLR to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Hailsham conveyancing firm to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am tempted by the attractive purchase price for a two flats in Hailsham which have in the region of 50 years unexpired on the lease term. Will this present a problem?
There are no two ways about it. A leasehold apartment in Hailsham is a wasting asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the salability of the property. The majority of purchasers and mortgage companies, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Hailsham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
What advice can you give us when it comes to choosing a Hailsham conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Hailsham conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Hailsham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If the firm is not ALEP accredited then what is the reason?
- Can they put you in touch with client in Hailsham who can give a testimonial?
Do you have any top tips for leasehold conveyancing in Hailsham with the purpose of expediting the sale process?
- Much of the delay in leasehold conveyancing in Hailsham can be bypassed where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers solicitors.
- Many freeholders or managing agents in Hailsham levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. 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 usual reason for frustration in leasehold conveyancing in Hailsham.
- If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Hailsham state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. If you dont have the consents in place you should not contact the landlord without checking with your lawyer before hand.
- If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and frustrates many a Hailsham conveyancing transaction. Where a duplicate share certificate is required, do contact the company officers or managing agents (where relevant) for this as soon as possible.
- You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
Hailsham Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
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Make sure you investigate if there is anything that is prohibited in the lease. For example some leases prohibit pets being permitted in certain buildings in Hailsham. If you like the propertyin Hailsham however your dog is not allowed to move with you then you have a very hard compromise.
Who takes responsibility for maintaining and repairing the block?
What prohibitions are there in the Hailsham Lease?