I’m about to sell my garden flat in Rottingdean.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge invoice – should I leave it to the buyer to sort out?

It best that you 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 management companies 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Rottingdean. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

The majority of houses in Rottingdean are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Rottingdean so you should seriously consider shopping around for a Rottingdean conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

I own a leasehold flat in Rottingdean. Conveyancing and Lloyds TSB Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Rottingdean who acted for me is not around.Any advice?

First contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Rottingdean conveyancing solicitor to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

We expect to complete the sale of our £175000 flat in Rottingdean on Wednesday in a week. The managing agents has quoted £384 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Rottingdean?

Rottingdean conveyancing on leasehold flats normally results in administration charges levied by landlords agents :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Rottingdean
• Supplying insurance information
• 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 Rottingdean leasehold property is £350. For Rottingdean 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 the information.

What makes a Rottingdean lease unacceptable for security purposes?

Leasehold conveyancing in Rottingdean is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Skipton Building Society, and Bank of Ireland all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to withdraw.

Rottingdean Leasehold Conveyancing - A selection of Queries Prior to Purchasing

What is the annual maintenance fee and ground rent? The majority of Rottingdean leasehold apartments will have a service charge for maintenance of the block invoiced on behalf of the landlord. Where you acquire the flat you will have to meet this amount, usually periodically accross the year. This could differ from a few hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay yearly, normally this is not a large figure, say about £25-£75 but you need to check it because on occasion it can be many hundreds of pounds. It would be sensible to find out as much as you can regarding the company managing the block as they can either make your life much easier or much more difficult. As the owner of a leasehold property you are often in the clutches of the managing agents both financially and when it comes to practical issues such as the tidiness of the communal areas. Don't be shy to ask other tenants if they are happy with their management. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending the funds.

Other Topics

Lease Extensions in Rottingdean