I have just appointed agents to market my garden apartment in Barlaston.Conveyancing has not commenced but I have just had a yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Barlaston. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Barlaston ?

The majority of houses in Barlaston are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Barlaston so you should seriously consider looking for a Barlaston conveyancing practitioner and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer will report to you on the legal implications.

I've recently bought a leasehold house in Barlaston. Am I liable to pay service charges relating to a period prior to completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee 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).

I work for a reputable estate agent office in Barlaston where we see a few leasehold sales put at risk due to short leases. I have been given inconsistent advice from local Barlaston conveyancing solicitors. Can you confirm whether the owner of a flat can start the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Do you have any advice for leasehold conveyancing in Barlaston from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Barlaston can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Barlaston leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Should you fail to have the consents in place do not contact the landlord without contacting your conveyancer before hand.

I purchased a split level flat in Barlaston, conveyancing was carried out 4 years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Barlaston with over 90 years remaining are worth £196,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease ends on 21st October 2077

With 52 years left to run we estimate the price of your lease extension to be between £29,500 and £34,000 as well as plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to supply the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before seeking the advice of a professional.

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Lease Extensions in Barlaston