Fixed-fee leasehold conveyancing in Hastings:

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Frequently asked questions relating to Hastings leasehold conveyancing

Looking forward to exchange soon on a studio apartment in Hastings. Conveyancing lawyers assured me that they will have a report out to me within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Hastings should include some of the following:

  • Setting out your legal entitlements in relation to the communal areas in the block.For instance, does the lease provide for a right of way over a path or staircase?
  • Are pets allowed in the flat?
  • You must be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be included in your report on your leasehold property in Hastings please ask your solicitor in ahead of your conveyancing in Hastings

    • I’m about to sell my 2 bed apartment in Hastings.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – what should I do?

    Your conveyancing lawyer is likely to suggest that you should pay 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 management companies will not acknowledge the buyer unless 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 looking at a couple of apartments in Hastings both have in the region of fifty years unexpired on the leases. Will this present a problem?

    There are plenty of short leases in Hastings. The lease is a right to use the property for a period of time. As the lease shortens the saleability of the lease decreases and it becomes more costly to acquire a lease extension. This is why it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

    Do you have any top tips for leasehold conveyancing in Hastings from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Hastings can be bypassed where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold information needed by the buyers lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Hastings state that internal structural changes or installing wooden flooring calls for a licence from the Landlord consenting to such alterations. If you dont have the consents to hand you should not communicate with the landlord without contacting your conveyancer before hand.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to unresolved.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Arranging a new share certificate can be a time consuming formality and slows down many a Hastings home move. Where a new share is necessary, do contact the company officers or managing agents (if 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 advisable double-check via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 75 years. It is therefore important 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 property on the market for sale.

    • All being well we will complete our sale of a £200000 apartment in Hastings on Monday in a week. The managing agents has quoted £348 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Hastings?

    Hastings conveyancing on leasehold flats normally requires the buyer’s conveyancer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries the majority will be content to assist. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some situations it exceeds £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that one has little choice but to pay whatever is demanded should you wish to sell the property.

    I purchased a leasehold flat in Hastings, conveyancing was carried out in 2009. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Hastings with a long lease are worth £241,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease expires on 21st October 2084

    With just 60 years left to run we estimate the price of your lease extension to range between £19,000 and £22,000 plus plus your own and the landlord's "reasonable" professional fees.

    The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Hastings