I am in need of some leasehold conveyancing in Bakewell. Before I set the wheels in motion I would like to find out the remaining lease term.

If the lease is registered - and almost all are in Bakewell - 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.

Expecting to sign contracts shortly on a ground floor flat in Bakewell. Conveyancing solicitors inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

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

• The total extent of the premises. This will be the property itself but might include a roof space or cellar if appropriate.

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

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

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.

Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Bakewell please enquire of your lawyer in advance of your conveyancing in Bakewell

Last month I purchased a leasehold flat in Bakewell. Am I liable to pay service charges for periods before my ownership?

In a situation 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. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

Do you have any advice for leasehold conveyancing in Bakewell with the aim of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Bakewell can be avoided if you appoint lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers.
• A minority of Bakewell leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.

If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over as opposed to ongoing.

If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share certificate. Arranging a new share certificate can be a time consuming formality and frustrates many a Bakewell home move. Where a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

You believe that you know the number of years left on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete our sale of a £125000 apartment in Bakewell on Thursday in a week. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Bakewell?

Bakewell conveyancing on leasehold flats typically involves administration charges levied by management companies :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Bakewell
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Bakewell leasehold property is £350. For Bakewell 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.

Bakewell Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

Is the freehold owned jointly by the leaseholders? For many Bakewell leaseholds the cost for major works are not included within maintenance charges, although a few managing agents in Bakewell ask tenants to pay into a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance. Be sure to discover if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being allowed in in a block in Bakewell. If you like the flatin Bakewell however your cat can’t make the move with you then you will be presented with a hard compromise.

Other Topics

Lease Extensions in Bakewell