Planning to complete next month on a basement flat in Battle. Conveyancing solicitors assured me that they are sending me a report 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 Battle should include some of the following:

• The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
• Setting out your legal entitlements in relation to common areas in the block.By way of example, does the lease contain a right of way over a path or staircase?
• Are pets allowed in the flat?
• Does the lease prevent you from subletting the property, or having a home office for business
• You should have a good understanding of the insurance provisions
• Changes to the flat (alterations and additions)
• 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.

I have just appointed agents to market my 2 bed apartment in Battle.Conveyancing has not commenced but I have just received a quarterly service charge invoice – what should I do?

The sensible thing to do is clear 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 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.

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

• Much of the frustration in leasehold conveyancing in Battle can be reduced if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Battle state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the approvals in place you should not contact the landlord without contacting your conveyancer in the first instance.
• Some Battle leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 purchasers or their solicitors.
• If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a lengthy process and frustrates many a Battle conveyancing deal. Where a new share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the lease term is less than 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on the disposal of our £ 475000 flat in Battle next Tuesday . The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Battle?

Battle conveyancing on leasehold apartments more often than not requires the buyer’s solicitor submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries the majority will be willing to assist. They are at liberty charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded if you want to sell the property.

Are there common defects that you encounter in leases for Battle properties?

There is nothing unique about leasehold conveyancing in Battle. All leases is drafted differently and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Mortgage Works, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.

Battle Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

The prefered form of lease structure is a share of the freehold. In this arrangement the tenants have control and even though a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.