Experts for Leasehold Conveyancing in Polegate

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Frequently asked questions relating to Polegate leasehold conveyancing

Harry (my fiance) and I may need to rent out our Polegate 1st floor flat temporarily due to a new job. We instructed a Polegate conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Polegate do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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 permission.

Expecting to sign contracts shortly on a studio apartment in Polegate. Conveyancing lawyers have said that they are sending me a report next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Polegate should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The total extent of the premises. This will be the flat itself but might incorporate a loft or cellar if appropriate.
  • Will you be prohibited or prevented from having pets in the property?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions) For details of the information to be contained in your report on your leasehold property in Polegate please ask your lawyer in ahead of your conveyancing in Polegate

    • I own a leasehold flat in Polegate. Conveyancing and Yorkshire Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Polegate who previously acted has long since retired.Any advice?

    The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Polegate conveyancing solicitor 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 landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Can you offer any advice when it comes to choosing a Polegate conveyancing practice to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Polegate conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Polegate 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:

    • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Polegate who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in Polegate with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Polegate can be bypassed where you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
    • Many freeholders or managing agents in Polegate levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Polegate.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Polegate leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the consents in place do not contact the landlord without contacting your lawyer first.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve 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 buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Polegate - A selection of Questions you should ask Prior to Purchasing

      You should be aware if it is less than eighty years it will affect the value of the flat. Check with your lender that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will probably have to extend the lease sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you would be be obliged to have been the owner of the premises for 24 months in order to be entitled to exercise a lease extension. How much is the ground rent and service charge? Plenty Polegate leasehold apartments will be liable to pay a service bill for the upkeep of the block set by the management company. Should you acquire the property you will have to meet this amount, normally periodically during the year. This could be anything from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a significant amount, say around £25-£75 but you should to check it because occasionally it can be prohibitively expensive.

    Other Topics

    Lease Extensions in Polegate