I have just started marketing my basement apartment in Beaufort.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay 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. 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 since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Beaufort. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Beaufort ?

The majority of houses in Beaufort are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Beaufort so you should seriously consider shopping around for a Beaufort conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

Last month I purchased a leasehold flat in Beaufort. Am I liable to pay service charges relating to a period prior to my ownership?

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. A critical element 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 provide any advice for leasehold conveyancing in Beaufort with the aim of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Beaufort can be bypassed where you appoint lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers conveyancers.
• The majority freeholders or managing agents in Beaufort levy fees for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Beaufort.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Beaufort state that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your conveyancer in advance.
• Some Beaufort leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice 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 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 purchasers or their solicitors.
• If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Obtaining a new share certificate is often a time consuming process and slows down many a Beaufort conveyancing deal. Where a duplicate share certificate is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

All being well we will complete our sale of a £ 325000 maisonette in Beaufort next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Beaufort?

Beaufort conveyancing on leasehold maisonettes more often than not requires the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to answer such questions the majority will be willing to do so. They are at liberty charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge levied by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, otherwise the invoice is technically not due. In reality you have no option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Beaufort Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Are any of leasehold owners in dispute over their service charge payments? Generally speaking the cost for major works tend not to be included within maintenance charges, although there some managing agents in Beaufort ask leasehold owners to pay into a sinking fund created for the specific intention of establishing a fund for major works.