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Examples of recent questions relating to leasehold conveyancing in Saltdean

I have recently realised that I have 62 years remaining on my flat in Saltdean. I need to extend my lease but my freeholder is missing. What options are available to me?

If you qualify, 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 lengthened by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the landlord. In some cases an enquiry agent should be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Saltdean.

I have just appointed agents to market my garden flat in Saltdean.Conveyancing solicitors are to be appointed soon but I have just had a quarterly maintenance charge demand – what should I do?

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. This will smooth the conveyancing process.

I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Saltdean. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Saltdean ?

The majority of houses in Saltdean are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Saltdean so you should seriously consider looking for a Saltdean conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should appraise you on the various issues.

What advice can you give us when it comes to appointing a Saltdean conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Saltdean conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Saltdean conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • How experienced is the firm with lease extension legislation?
  • If they are not ALEP accredited then why not?

  • Do you have any advice for leasehold conveyancing in Saltdean with the aim of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Saltdean can be avoided if you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
    • Many landlords or Management Companies in Saltdean charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Saltdean.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Saltdean state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such works. Should you dont have the consents to hand you should not communicate with the landlord without contacting your lawyer before hand.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate is often a lengthy process and slows down many a Saltdean home move. Where a duplicate share is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

  • Saltdean Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

      Best to be warned if fixing the lift or some other significant cost is due in the foreseeable future that will be shared by the tenants and will dramatically impact the level of the service fees or require a one time invoice. This question is helpful as a) areas may result in problems in the block as the communal areas may start to deteriorate if repairs remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to have complete disclosure Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. By way of example it is reasonably common in Saltdean leases that pets are not permitted in in a block in Saltdean. If you like the apartmentin Saltdean however your dog can’t move with you then you will be faced hard determination.

    Other Topics

    Lease Extensions in Saltdean