Fixed-fee leasehold conveyancing in Lewes:

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Common questions relating to Lewes leasehold conveyancing

I today plan to offer on a house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Lewes. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Lewes ?

Most houses in Lewes are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Lewes in which case you should be looking for a Lewes 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. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your solicitor will report to you on the legal implications.

I own a leasehold flat in Lewes. Conveyancing and Leeds Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Lewes who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Lewes conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a couple of maisonettes in Lewes both have approximately forty five years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a right to use the property for a prescribed time frame. As the lease shortens the value of the lease deteriorate and it becomes more expensive to extend the lease. This is why it is generally wise to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We advise that you seek professional assistance from a solicitor and surveyor with experience in this field

What are your top tips when it comes to appointing a Lewes conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Lewes conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Lewes 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 of use:

  • How familiar is the practice with lease extension legislation?
  • If they are not ALEP accredited then why not?

  • What makes a Lewes lease unacceptable for security purposes?

    Leasehold conveyancing in Lewes is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    Lewes Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

      You will want to discover as much as possible regarding the managing agents as they can either make your living at the property much easier or problematic. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues like the cleanliness of the common parts. You should not be shy to ask other people what they think of their management. On a final note, investigate as to the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds. It would be prudent to discover if the the lease includes any adverse restrictions in the lease. For instance it is reasonably common in Lewes leases that pets are not allowed in certain buildings in Lewes. If you love the flatin Lewes but your dog can’t make the move with you then you have a very difficult determination. It is important to be aware whether fixing the lift or some other significant cost is due shortly that will be shared by the tenants and may well dramatically increase the the service costs or require a specific payment.

    Other Topics

    Lease Extensions in Lewes