I would like to sublet my leasehold apartment in Newhaven. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your last Newhaven conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you must seek consent via your landlord or some other party before subletting. The net result is that you cannot sublet in the absence of prior consent. The consent should not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

Expecting to sign contracts shortly on a basement flat in Newhaven. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Newhaven should include some of the following:

• Whether the lease restricts you from letting out the flat, or working from home
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• Whether your lease has a provision for a sinking fund?
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• Responsibility for repairing the window frames
• What options are open to you if a neighbour breach a clause of their lease?

I am attracted to a two maisonettes in Newhaven both have approximately 50 years remaining on the leases. Will this present a problem?

There are plenty of short leases in Newhaven. The lease is a right to use the premises for a period of time. As the lease shortens the value of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. More often than not it is difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

Last month I purchased a leasehold flat in Newhaven. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any advice for leasehold conveyancing in Newhaven with the aim of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Newhaven can be reduced if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers representatives.
• Many freeholders or Management Companies in Newhaven charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have 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 delay in leasehold conveyancing in Newhaven.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Newhaven leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. Where you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
• Some Newhaven leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is 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 purchasers or their solicitors.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved.

I invested in buying a studio flat in Newhaven, conveyancing was carried out in 2002. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable flats in Newhaven with an extended lease are worth £260,000. The ground rent is £45 charged once a year. The lease finishes on 21st October 2095

With just 69 years left to run we estimate the price of your lease extension to range between £11,400 and £13,200 as well as professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide the actual costs in the absence of comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.