I am on look out for some leasehold conveyancing in Barnstaple. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Barnstaple - 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.

Looking forward to complete next month on a ground floor flat in Barnstaple. Conveyancing lawyers inform me that they report fully on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Barnstaple should include some of the following:

• The physical extent of the premises. This will be the flat itself but may incorporate a roof space or basement if appropriate.
• Does the lease prohibit wood flooring?
• Will you be prohibited or prevented from having pets in the property?
• Does the lease prevent you from letting out the property, or working from home
• 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
• Whether your lease has a provision for a sinking fund?
• Changes to the flat (alterations and additions)

I have just appointed agents to market my ground floor apartment in Barnstaple.Conveyancing is yet to be initiated but I have just received a yearly service charge invoice – what should I do?

The sensible thing to do is clear 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 managing agents 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. This will smooth the conveyancing process.

I work for a busy estate agent office in Barnstaple where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Barnstaple conveyancing firms. Can you shed some light as to whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 200000 maisonette in Barnstaple in just under a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Barnstaple?

Barnstaple conveyancing on leasehold maisonettes more often than not involves the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is under no legal obligation to address these enquiries most will be content to assist. They are entitled invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. In reality you have no choice but to pay whatever is demanded if you want to complete the sale of your home.

Barnstaple Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

The answer will be useful as a) areas may cause problems for the building as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will wish to have complete disclosure On the whole the cost for major works tend not to be built into the maintenance charges, although a few managing agents in Barnstaple ask leaseholders to pay into a sinking fund and this is used to offset against larger repairs or maintenance. What is the length of the lease?