Having had my offer accepted I require leasehold conveyancing in Rye. Before I get started I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Rye - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I only have Seventy years remaining on my lease in Rye. I need to get lease extension but my landlord is absent. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the lessor. On the whole a specialist would be useful to conduct investigations and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Rye.

I today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Rye. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Rye ?

Most houses in Rye are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Rye so you should seriously consider looking for a Rye conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your lawyer will appraise you on the various issues.

I am looking at a couple of flats in Rye which have in the region of fifty years remaining on the leases. should I be concerned?

There are plenty of short leases in Rye. The lease is a right to use the property for a period of time. As a lease shortens the value of the lease reduces and results in it becoming more costly to extend the lease. This is why it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

Can you offer any advice when it comes to finding a Rye conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Rye conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Rye conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

• How experienced is the firm with lease extension legislation?

Rye Leasehold Conveyancing - Sample of Queries Prior to Purchasing

It would be prudent to discover if the the lease contains any unreasonable restrictions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Rye. If you like the flatin Rye yet your dog can’t make the move with you then you will be faced hard compromise. On the whole the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Rye ask leaseholders to pay into a sinking fund and this is used to offset against major repairs or maintenance. Its a good idea to discover as much as you can about the managing agents as they will either make living at the property much simpler or problematic. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to daily issues like the upkeep of the communal areas. Enquire of other tenants what they think of their service. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending the funds.

Other Topics

Lease Extensions in Rye