Questions and Answers: Polegate leasehold conveyancing
There are only Fifty years remaining on my flat in Polegate. I am keen to extend my lease but my landlord is absent. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to prove that you have made all reasonable attempts to locate the landlord. For most situations an enquiry agent may be helpful to conduct investigations and to produce an expert document to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to proving the landlord’s absence and the vesting order request to the County Court covering Polegate.
Due to exchange soon on a ground floor flat in Polegate. Conveyancing lawyers have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Polegate should include some of the following:
- You should be sent a copy of the lease
I work for a reputable estate agency in Polegate where we have witnessed a few flat sales derailed due to short leases. I have received contradictory information from local Polegate conveyancing firms. Can you clarify whether the owner of a flat can start the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Can you provide any top tips for leasehold conveyancing in Polegate with the intention of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Polegate can be bypassed where you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
- If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you installed wooden flooring? Polegate leases often stipulate that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. If you dont have the paperwork to hand you should not contact the landlord without contacting your conveyancer before hand.
We expect to complete our sale of a £475000 flat in Polegate on Monday in a week. The landlords agents has quoted £420 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Polegate?
Polegate conveyancing on leasehold apartments ordinarily necessitates administration charges invoiced by freeholders :
- Completing pre-contract questions
- 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
Polegate Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
Make sure you investigate if the the lease contains any adverse restrictions in the lease. For example it is fairly common in Polegate leases that pets are not allowed in certain buildings in Polegate. If you like the apartmentin Polegate but your cat can’t move with you then you have a very hard decision.
What is the maintenance charge and ground rent on the flat?
For many Polegate leaseholds the outlay for major works tend not to be incorporated into the maintenance charges, albeit that there some managing agents in Polegate obliged tenants to pay into a sinking fund and this is used to offset against larger repairs or maintenance.