Can you explain why leasehold purchase conveyancing in East Sussex is more expensive?

East Sussex leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving appropriate notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.

Is it the case that all East Sussex CQS (Conveyancing Quality Scheme) solicitors are on the Leeds Building Society conveyancing list of approved practices?

A selection of lenders now utilise CQS as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.

We had chosen solicitors locally in East Sussex on the RBS solicitor panel. They have just invoiced me an additional sum for dealing with the RBS mortgage. Is this a supplemental conveyancing fee set by RBS?

As unfair as it may appear, as long as it’s in their Terms of Engagement or Quote then yes your solicitor can levy a fee for this. The fee is not set by RBS but by your East Sussex property lawyer. Plenty of firms on the RBS panel will charge ’dealing with mortgage’ fee but plenty of practices include it on their overall fee.

We were going to get a AIP from Skipton this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Skipton recommend any East Sussex solicitors on the Skipton conveyancing panel, or is it better to go independently?

You will need to appoint East Sussex solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.

Are there restrictive covenants that are commonly picked up during conveyancing in East Sussex?

Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in East Sussex. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, chain free conveyancing. East Sussex is where the house is located. Is there any guidance you can impart?

Flying freeholds in East Sussex are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in East Sussex you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in East Sussex may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

What are the frequently found deficiencies that you witness in leases for East Sussex properties?

Leasehold conveyancing in East Sussex is not unique. Most leases are unique and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

Insurance obligations

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Chelsea Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

Leasehold Conveyancing in East Sussex - Sample of Queries before Purchasing

Its a good idea to find out as much as you can about the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical issues like the cleanliness of the common parts. Ask other tenants whether they are happy with their management. In conclusion, find out the dates that you are obliged pay the service charge to the relevant party and precisely what you get for your money. The prefered form of lease structure is where the freehold title is owned by the leaseholders. In this arrangement the tenants benefit from control and notwithstanding that a managing agent is frequently retained if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. This question is important as a) areas can cause problems for the block as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have a dispute with the running of the building you will need to have complete disclosure