Guaranteed fixed fees for Leasehold Conveyancing in Kemp Town

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When it comes to leasehold conveyancing in Kemp Town, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your lender is to be Lloyds, RBS or NatWest make sure you choose a lawyer on their approved list. Feel free to use our search tool

Questions and Answers: Kemp Town leasehold conveyancing

I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Kemp Town. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Kemp Town ?

Most houses in Kemp Town are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Kemp Town so you should seriously consider shopping around for a Kemp Town conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct alterations. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

Back In 2001, I bought a leasehold flat in Kemp Town. Conveyancing and Coventry Building Society mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Kemp Town who previously acted has long since retired.Do I pay?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Kemp Town conveyancing practitioner to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a busy estate agency in Kemp Town where we have experienced a number of leasehold sales jeopardised as a result of short leases. I have received conflicting advice from local Kemp Town conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

What advice can you give us when it comes to finding a Kemp Town conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Kemp Town conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Kemp Town conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions have they carried out in Kemp Town in the last twenty four months?

    • Do you have any advice for leasehold conveyancing in Kemp Town with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Kemp Town can be bypassed if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Kemp Town state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord consenting to such changes. If you dont have the approvals in place do not contact the landlord without contacting your conveyancer in advance.
  • Some Kemp Town leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet 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 details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • You believe that you know the number of years left on your lease but you should verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is under 75 years. It is therefore essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Kemp Town Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      Is the freehold reversion owned jointly by the leaseholders? Are any of leasehold owners in arrears of their service charge payments? If a Kemp Town lease has no more than eighty years it will have adverse implications on the marketability of the apartment. Check with your mortgage company that they are content with the length of the lease. A short lease means that you will most likely need a lease extension sooner rather than later and you need to have some idea of how much this would cost. For most Kemp Townlease extensions you would be be obliged to have been the owner of the residence for 24 months in order to be entitled to extend the lease.

    Other Topics

    Lease Extensions in Kemp Town