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Any conveyancing solicitor can theoretically handle your leasehold conveyancing in Kemp Town, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Kemp Town leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Kemp Town. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Kemp Town - 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.

My husband and I may need to sub-let our Kemp Town 1st floor flat for a while due to a career opportunity. We used a Kemp Town conveyancing practice in 2003 but they have closed and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?

Your lease governs the relationship between the freeholder and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Kemp Town do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it all the more appealing. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Kemp Town. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

The majority of houses in Kemp Town are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Kemp Town in which case you should be shopping around for a Kemp Town conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being 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’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer will appraise you on the various issues.

My wife and I purchased a leasehold house in Kemp Town. Conveyancing and Lloyds TSB Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Kemp Town who previously acted has long since retired.What should I do?

First contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Kemp Town conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Kemp Town with the aim of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Kemp Town can be reduced where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ lawyers.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Kemp Town state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. If you fail to have the paperwork in place you should not communicate with the landlord without checking with your solicitor before hand.
  • Some Kemp Town leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate is often a time consuming formality and slows down many a Kemp Town conveyancing transaction. If a duplicate share is needed, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

    • I acquired a 2 bed flat in Kemp Town, conveyancing was carried out 4 years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Kemp Town with a long lease are worth £195,000. The ground rent is £55 per annum. The lease ceases on 21st October 2092

    You have 68 years remaining on your lease we estimate the price of your lease extension to span between £14,300 and £16,400 plus plus your own and the landlord's "reasonable" professional fees.

    The suggested premium range above a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Kemp Town