I am in need of some leasehold conveyancing in Polegate. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and most are in Polegate - then the leasehold title will always include the basic details 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.

I would like to sublet my leasehold flat in Polegate. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

The lease governs the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Polegate do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Last month I purchased a leasehold house in Polegate. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner 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 offer any advice when it comes to appointing a Polegate conveyancing practice to deal with our lease extension?

If you are instructing 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 recommend that you talk with two or three firms including non Polegate 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 many lease extensions have they completed in Polegate in the last 12 months?

Can they put you in touch with client in Polegate who can give a testimonial?

We expect to complete the disposal of our £425000 garden flat in Polegate in just under a week. The freeholder has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Polegate?

Polegate conveyancing on leasehold apartments normally necessitates administration charges levied by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Polegate
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Polegate leasehold premises is £350. For Polegate conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

Polegate Leasehold Conveyancing - Examples of Questions you should consider before buying

Plenty Polegate leasehold properties will be liable to pay a service bill for maintenance of the block invoiced by the landlord. If you buy the flat you will have to meet this liability, normally periodically during the year. This may be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all probability there will be a ground rent for you to pay yearly, this is usually not a large amount, say around £25-£75 but you need to enquire as sometimes it can be many hundreds of pounds. Does the lease include onerous restrictions? Who is in charge of the building?

Other Topics

Lease Extensions in Polegate