Fixed-fee leasehold conveyancing in Seaburn:

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Sample questions relating to Seaburn leasehold conveyancing

I would like to sublet my leasehold apartment in Seaburn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Your lease dictates relations between the freeholder and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Seaburn do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is 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 Seaburn.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 pay 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 am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Seaburn. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Seaburn ?

The majority of houses in Seaburn are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Seaburn in which case you should be looking for a Seaburn conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant 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 maintenance of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.

Can you offer any advice when it comes to finding a Seaburn conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Seaburn conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Seaburn conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • If the firm is not ALEP accredited then why not?
  • How many lease extensions has the firm carried out in Seaburn in the last year?

    • Can you provide any advice for leasehold conveyancing in Seaburn with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Seaburn can be reduced where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers conveyancers.
    • 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 Seaburn state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the consents to hand do not contact the landlord without contacting your solicitor in the first instance.
  • Some Seaburn leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle 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 will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved.
  • You believe that you know the number of years remaining on your lease but you should double-check by asking your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Seaburn Leasehold Conveyancing - Examples of Queries Prior to buying

      What is the name of the managing agents? How much is the yearly maintenance fee and ground rent? The prefered form of lease arrangement is a share of the freehold. In this arrangement the tenants benefit from control and although a managing agent is often employed where the building is bigger than a house conversion, the managing agent retained by the leaseholders.

    Other Topics

    Lease Extensions in Seaburn