Guaranteed fixed fees for Leasehold Conveyancing in St Leonards On Sea

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Frequently asked questions relating to St Leonards On Sea leasehold conveyancing

Having checked my lease I have discovered that there are only 72 years unexpired on my lease in St Leonards On Sea. I need to get lease extension but my landlord is missing. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. You will be obliged to prove that you have used your best endeavours to track down the freeholder. On the whole an enquiry agent would be helpful to try and locate and to produce a report which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing St Leonards On Sea.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in St Leonards On Sea. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in St Leonards On Sea ?

Most houses in St Leonards On Sea are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in St Leonards On Sea so you should seriously consider looking for a St Leonards On Sea conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

Can you offer any advice when it comes to appointing a St Leonards On Sea conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a St Leonards On Sea conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non St Leonards On Sea 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 the firm is not ALEP accredited then why not?
  • What are the legal fees for lease extension work?

    • Do you have any top tips for leasehold conveyancing in St Leonards On Sea from the point of view of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in St Leonards On Sea can be avoided if you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
    • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? St Leonards On Sea leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such works. Where you fail to have the approvals to hand do not communicate with the landlord without contacting your conveyancer before hand.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a time consuming formality and frustrates many a St Leonards On Sea home move. If a new share is required, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £250000 flat in St Leonards On Sea next week. The managing agents has quoted £420 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in St Leonards On Sea?

    St Leonards On Sea conveyancing on leasehold flats normally necessitates the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to assist. They are at liberty levy a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee required by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, without which the charge is technically not due. In reality one has little choice but to pay whatever is requested of you should you wish to sell the property.

    St Leonards On Sea Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

      How many of the leaseholders are in arrears for their service charge payments? It would be wise to discover as much as possible about the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to day to day issues like the cleanliness of the communal areas. Enquire of prospective neighbours whether they are happy with them. In conclusion, investigate as to the dates that the maintenance fees are due to the appropriate party and precisely how they are spending that money. Make sure you enquire if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in St Leonards On Sea. If you like the apartmentin St Leonards On Sea but your dog is not allowed to move with you then you will be presented with a hard compromise.

    Other Topics

    Lease Extensions in St Leonards On Sea