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Questions and Answers: Rottingdean leasehold conveyancing

I only have Fifty years remaining on my lease in Rottingdean. I now wish to extend my lease but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to locate the landlord. In some cases a specialist may be useful to carry out a search and to produce an expert document to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court covering Rottingdean.

Looking forward to complete next month on a garden flat in Rottingdean. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Rottingdean should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Setting out your rights in respect of the communal areas in the building.For example, does the lease provide for a right of way over an accessway or hallways?
  • Does the lease prohibit wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions For details of the information to be included in your report on your leasehold property in Rottingdean please enquire of your conveyancer in ahead of your conveyancing in Rottingdean

    • I’m about to sell my basement flat in Rottingdean.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – Do I pay up?

    The sensible thing to do is 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 until 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.

    Can you offer any advice when it comes to appointing a Rottingdean conveyancing firm to carry out our lease extension conveyancing?

    When appointing a conveyancer for lease extension works (regardless if they are a Rottingdean conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Rottingdean conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • What volume of lease extensions have they conducted in Rottingdean in the last twenty four months?
  • What are the costs for lease extension work?

    • What makes a Rottingdean lease problematic?

    There is nothing unique about leasehold conveyancing in Rottingdean. All leases is drafted differently and drafting errors can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the building
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.

    Rottingdean Leasehold Conveyancing - A selection of Questions you should consider Prior to buying

      It would be a good idea to find out if there are any onerous restrictions in the lease. By way of example it is very common in Rottingdean leases that pets are not allowed in in a block in Rottingdean. If you love the flatin Rottingdean however your cat can’t make the move with you then you will be presented with a hard compromise. Best to be warned if a new roof is being put on or some other significant cost is due shortly that will be shared by the leaseholders and will materially impact the level of the maintenance charges or require a specific payment. On the whole the outlay for major works tend not to be included within service charges, although some managing agents in Rottingdean ask leaseholders to contribute towards a sinking fund and this is used to offset against major repairs or maintenance.

    Other Topics

    Lease Extensions in Rottingdean