Leasehold Conveyancing in Rottingdean - Get a Quote from the leasehold experts approved by your lender

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Leasehold conveyancing in Rottingdean is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Rottingdean and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Sample questions relating to Rottingdean leasehold conveyancing

Expecting to exchange soon on a studio apartment in Rottingdean. Conveyancing solicitors assured me that they will have a report out to me on Monday. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in relation to common areas in the building.By way of example, does the lease contain a right of way over a path or hallways?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be included in your report on your leasehold property in Rottingdean please enquire of your solicitor in ahead of your conveyancing in Rottingdean

    • I’m about to sell my ground floor apartment in Rottingdean.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should discharge 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

    Back In 2005, I bought a leasehold house in Rottingdean. Conveyancing and Bank of Scotland mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Rottingdean who previously acted has now retired.What should I do?

    The first thing you should do is contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Rottingdean conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any advice for leasehold conveyancing in Rottingdean from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Rottingdean can be avoided where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ conveyancers.
    • The majority landlords or managing agents in Rottingdean levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Rottingdean.
  • A minority of Rottingdean leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 lawyers.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to 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 ahead of 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 rather than unresolved.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share document. Arranging a replacement share certificate can be a lengthy process and delays many a Rottingdean home move. If a duplicate share is needed, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • What are the common deficiencies that you encounter in leases for Rottingdean properties?

    Leasehold conveyancing in Rottingdean is not unique. All leases are unique and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the property
    • A duty to insure the building
    • 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 issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Norwich and Peterborough Building Society, 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 does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.

    Rottingdean Leasehold Conveyancing - Examples of Queries before buying

      How many of the leaseholders are in arrears for their service charge payments? Best to be warned if redecorating or some other significant cost is anticipated to be shared between the tenants and may well materially impact the level of the maintenance charges or necessitate a one time payment. The prefered form of lease arrangement is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the leaseholders have being in charge if their destiny and although a managing agent is frequently retained if it is bigger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in Rottingdean