Common questions relating to Audlem leasehold conveyancing
I am in need of some leasehold conveyancing in Audlem. Before I get started I want to be sure as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Audlem - 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.
Planning to complete next month on a basement flat in Audlem. Conveyancing solicitors have said that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Audlem should include some of the following:
- The physical extent of the demise. This will be the apartment itself but might include a roof space or cellar if applicable.
I’m about to sell my ground floor flat in Audlem.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – Do I pay up?
The sensible thing to do is 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. This will smooth the conveyancing process.
Last month I purchased a leasehold house in Audlem. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Can you offer any advice when it comes to finding a Audlem conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Audlem conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Audlem conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How experienced is the practice with lease extension legislation?
Leasehold Conveyancing in Audlem - Examples of Queries before Purchasing
It would be sensible to discover as much as you can about the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the cleanliness of the communal areas. You should not be shy to ask other people whether they are happy with their management. On a final note, be sure you know the dates that the maintenance charges are due to the managing agents and specifically what it includes.
Most Audlem leasehold properties will be liable to pay a service charge for the upkeep of the block invoiced by the freeholder. Where you buy the apartment you will have to meet this amount, normally periodically during the year. This may be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a ground rent for you to pay annual, this is usually not a large figure, say around £25-£75 but you should to enquire it because on occasion it could be many hundreds of pounds.
How many of the leaseholders are in arrears for their maintenance charge payments?