I would like to let out my leasehold flat in Rye. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

The lease governs relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Rye do not prevent subletting altogether – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I have just started marketing my basement apartment in Rye.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should 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 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.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Rye. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

The majority of houses in Rye are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Rye so you should seriously consider shopping around for a Rye conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

What are your top tips when it comes to appointing a Rye conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Rye conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Rye conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If they are not ALEP accredited then why not?
• Can they put you in touch with client in Rye who can give a testimonial?

Do you have any advice for leasehold conveyancing in Rye from the point of view of expediting the sale process?

• Much of the delay in leasehold conveyancing in Rye can be reduced if you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers solicitors.
• Some Rye leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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 lawyers.
• If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a property where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over as opposed to unresolved.
• If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate is often a time consuming formality and delays many a Rye home move. Where a reissued share is necessary, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your lawyers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 75 years. It is therefore important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

Leasehold Conveyancing in Rye - A selection of Questions you should ask Prior to buying

Its a good idea to discover as much as possible concerning the company managing the building as they will either make life much easier or problematic. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical matters such as the cleanliness of the common parts. Ask other tenants what they think of their service. In conclusion, be sure you know the dates that the service charges are due to the managing agents and precisely what it includes. If a Rye lease has no more than eighty years it will impact the salability of the flat. Check with your mortgage company that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will probably need a lease extension at some point and it is worth finding out how much this will be. Remember, in most cases you would need to own the premises for a couple of years before you are legally able to exercise a lease extension.