I am on look out for some leasehold conveyancing in Arnside. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Arnside - then the leasehold title will always include the basic details 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 am hoping to complete next month on a studio apartment in Arnside. Conveyancing lawyers inform me that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Arnside should include some of the following:

• You should be sent a copy of the lease

How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark

Setting out your rights in respect of the communal areas in the building.By way of example, does the lease include a right of way over an accessway or staircase?

Will you be prohibited or prevented from having pets in the property?

Does the lease prevent you from renting out the flat, or having a home office for business

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

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 For a comprehensive list of information to be included in your report on your leasehold property in Arnside please enquire of your conveyancer in ahead of your conveyancing in Arnside

I am tempted by the attractive purchase price for a couple of flats in Arnside which have approximately fifty years unexpired on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold apartment in Arnside is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the value of the premises. The majority of buyers and mortgage companies, leases with less than 75 years become less and less marketable. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Arnside conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you provide any advice for leasehold conveyancing in Arnside with the intention of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Arnside can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
• The majority freeholders or managing agents in Arnside charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Arnside.

If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Arnside state that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such works. Where you dont have the consents to hand you should not communicate with the landlord without checking with your solicitor before hand.

If you have had conflict with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve 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 will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic rather than unresolved.

If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Arranging a replacement share certificate is often a time consuming formality and slows down many a Arnside home move. If a new share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

All being well we will complete the disposal of our £425000 maisonette in Arnside next Thursday . The management company has quoted £348 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Arnside?

Arnside conveyancing on leasehold apartments normally results in fees being invoiced by management companies :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Arnside
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Arnside leasehold property is £350. For Arnside conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

Arnside Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

Make sure you find out if there is anything that is prohibited in the lease. For example it is fairly common in Arnside leases that pets are not allowed in in a block in Arnside. If you like the flatin Arnside however your dog is not allowed to move with you then you will be faced hard determination. The best form of lease arrangement is a share of the freehold. In this scenario the tenants enjoy being in charge if their destiny and although a managing agent is usually employed if the building is larger than a house conversion, the managing agent is directed by the tenants. It is important to be aware whether redecorating or some other significant cost is due shortly that will be shared between the tenants and may well dramatically increase the the service charges or require a specific payment.

Other Topics

Lease Extensions in Arnside