Having had my offer accepted I require leasehold conveyancing in Polegate. Before diving in I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and most are in Polegate - 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.

I’m about to sell my 2 bed flat in Polegate.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am employed by a busy estate agent office in Polegate where we see a few flat sales jeopardised due to short leases. I have received conflicting advice from local Polegate conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 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 simultaneously with 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.

What advice can you give us when it comes to finding a Polegate conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Polegate conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Polegate conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How experienced is the firm with lease extension legislation?
• If the firm is not ALEP accredited then what is the reason?

Can you provide any top tips for leasehold conveyancing in Polegate with the aim of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Polegate can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
• The majority landlords or managing agents in Polegate levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Polegate.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Polegate leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such works. Should you dont have the consents to hand do not communicate with the landlord without checking with your conveyancer in the first instance.
• A minority of Polegate leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
• You believe that you know the number of years left on your lease but it would be wise to double-check via your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the lease term is less than 75 years. It is therefore 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 home on the market for sale.

Leasehold Conveyancing in Polegate - Examples of Queries before buying

You will want to find out as much as possible concerning the company managing the building as they can either make your living at the property much easier or uncomfortable. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to daily matters like the cleanliness of the common parts. You should not be afraid to ask other people what they think of them. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and specifically what it includes. If a Polegate lease has less than 80 years it will impact the value of the flat. It is worth checking with your lender that they are willing to lend given the lease term. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth finding out what this would cost. Remember, in most cases you would be be obliged to have owned the residence for a couple of years before you are entitled to exercise a lease extension. Is anyone aware of any major works on the horizon that could add a premium to the maintenance costs?