My husband and I may need to rent out our Rottingdean basement flat temporarily due to a career opportunity. We used a Rottingdean conveyancing practice in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Rottingdean conveyancing lawyer is not around you can review your lease to check if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to seek permission from your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without prior consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I’m about to sell my garden apartment in Rottingdean.Conveyancing is yet to be initiated but I have just had a yearly service charge invoice – Do I pay up?

It best that you discharge the invoice 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 hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Rottingdean. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Rottingdean ?

The majority of houses in Rottingdean are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Rottingdean in which case you should be shopping around for a Rottingdean conveyancing practitioner and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

I am a negotiator for a reputable estate agency in Rottingdean where we have experienced a few flat sales jeopardised due to short leases. I have been given conflicting advice from local Rottingdean conveyancing firms. Could you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that 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 buyer 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 has to be done before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

Completion in due on our sale of a £125000 apartment in Rottingdean next week. The management company has quoted £384 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Rottingdean?

Rottingdean conveyancing on leasehold flats usually necessitates the purchaser’s conveyancer sending enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be willing to assist. They may invoice a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, without which the invoice is not strictly payable. In reality you have little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Rottingdean Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

Plenty Rottingdean leasehold properties will incur a service charge for maintenance of the block invoiced by the landlord. If you buy the apartment you will have to meet this amount, normally periodically accross the year. This could be anything from two or three hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a ground rent to be met yearly, normally this is not a exorbitant sum, say approximately £25-£75 but you need to enquire it because occasionally it can be many hundreds of pounds. Are there any major works in the near future that will likely increase the maintenance charges? Generally speaking the cost for major works are not included within service charges, although some managing agents in Rottingdean require tenants to contribute towards a reserve fund created for the specific intention of building a fund for larger repairs or maintenance.

Other Topics

Lease Extensions in Rottingdean