Guaranteed fixed fees for Leasehold Conveyancing in Pevensey Bay

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Questions and Answers: Pevensey Bay leasehold conveyancing

I am on look out for some leasehold conveyancing in Pevensey Bay. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is registered - and almost all are in Pevensey Bay - 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 fiance and I may need to sub-let our Pevensey Bay ground floor flat for a while due to taking a sabbatical. We instructed a Pevensey Bay conveyancing practice in 2004 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Pevensey Bay do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have recently realised that I have 62 years remaining on my flat in Pevensey Bay. I need to get lease extension but my landlord is missing. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. You will be obliged to prove that you have used your best endeavours to locate the lessor. For most situations an enquiry agent should be useful to carry out a search and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Pevensey Bay.

Can you offer any advice when it comes to finding a Pevensey Bay conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Pevensey Bay conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Pevensey Bay conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions have they conducted in Pevensey Bay in the last year?
  • Can they put you in touch with client in Pevensey Bay who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Pevensey Bay with the purpose of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Pevensey Bay can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ lawyers.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Pevensey Bay leases often stipulate that internal structural alterations or installing wooden flooring require a licence from the Landlord consenting to such works. Where you fail to have the consents to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You may need to swallow your pride and pay 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 will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unsettled.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Arranging a replacement share certificate is often a lengthy formality and slows down many a Pevensey Bay conveyancing deal. Where a reissued share is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 80 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • I acquired a 1 bedroom flat in Pevensey Bay, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Equivalent flats in Pevensey Bay with over 90 years remaining are worth £197,000. The average or mid-range amount of ground rent is £60 levied per year. The lease finishes on 21st October 2077

    You have 52 years left to run we estimate the price of your lease extension to span between £32,300 and £37,400 as well as plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Pevensey Bay