Frequently asked questions relating to Hove leasehold conveyancing
I am in need of some leasehold conveyancing in Hove. Before I get started I would like to find out the number of years remaining on the lease.
If the lease is recorded at the land registry - and most are in Hove - 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 have just appointed agents to market my ground floor flat in Hove.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge invoice – what should I do?
The sensible thing to do is clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Back In 2000, I bought a leasehold house in Hove. Conveyancing and Platform Home Loans Ltd mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Hove who previously acted has now retired.Any advice?
The first thing you should do is contact HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Hove conveyancing lawyer to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What advice can you give us when it comes to finding a Hove conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Hove conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Hove conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:
- How experienced is the firm with lease extension legislation?
What makes a Hove lease problematic?
There is nothing unique about leasehold conveyancing in Hove. All leases are unique and drafting errors can sometimes mean that certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain elements 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 will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Coventry Building Society, and Alliance & Leicester all have express requirements 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.
Hove Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying
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Are any of leasehold owners in arrears of their service charge liability?
You should be aware if it is less than 80 years it will impact the marketability of the flat. Check with your mortgage company that they are willing to to proceed given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you will need to own the property for a couple of years before you are entitled to carry out a lease extension.
Plenty Hove leasehold apartments will incur a service bill for the upkeep of the building invoiced on behalf of the freeholder. Should you purchase the apartment you will have to meet this charge, normally quarterly accross the year. This could vary from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge for you to pay yearly, this is usually not a large figure, say approximately £25-£75 but you should to enquire it because on occasion it could be many hundreds of pounds.
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