Guaranteed fixed fees for Leasehold Conveyancing in Saltdean

While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Saltdean, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Saltdean leasehold conveyancing: Q and A’s

Frank (my husband) and I may need to rent out our Saltdean ground floor flat for a while due to a career opportunity. We instructed a Saltdean conveyancing firm in 2002 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Saltdean conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you are obliged to seek permission via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet without first obtaining permission. Such consent must not not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I have recently realised that I have 72 years unexpired on my flat in Saltdean. I now want to extend my lease but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you have made all reasonable attempts to find the landlord. In some cases an enquiry agent would be helpful to carry out a search and prepare a report which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Saltdean.

What are your top tips when it comes to appointing a Saltdean conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Saltdean conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Saltdean 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 useful:

  • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Saltdean who can give a testimonial?

All being well we will complete the disposal of our £ 250000 maisonette in Saltdean next Tuesday . The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Saltdean?

Saltdean conveyancing on leasehold maisonettes normally results in fees being levied by freeholders :

  • Addressing pre-exchange enquiries
  • Where consent is required before sale in Saltdean
  • Copies of the building insurance and schedule
  • 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 Saltdean leasehold premises is £350. For Saltdean 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 obliged to supply the information.

Are there frequently found defects that you witness in leases for Saltdean properties?

There is nothing unique about leasehold conveyancing in Saltdean. Most leases are individual and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

  • 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 problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Mortgage Works, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

I purchased a 1 bedroom flat in Saltdean, conveyancing was carried out 2004. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Saltdean with a long lease are worth £187,000. The average or mid-range amount of ground rent is £60 levied per year. The lease ceases on 21st October 2082

With only 56 years left to run the likely cost is going to be between £26,600 and £30,800 plus professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action based on this information before seeking the advice of a professional.