I have just started marketing my ground floor flat in Beaworthy.Conveyancing is yet to be initiated but I have just had a quarterly service charge invoice – Do I pay up?

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 until 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've found a house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Beaworthy. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Beaworthy ?

The majority of houses in Beaworthy are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Beaworthy so you should seriously consider shopping around for a Beaworthy conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your conveyancer should advise you fully on all the issues.

I own a leasehold flat in Beaworthy. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Beaworthy who acted for me is not around.Do I pay?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Beaworthy conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any advice for leasehold conveyancing in Beaworthy from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Beaworthy can be bypassed if you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers conveyancers.
• Many freeholders or Management Companies in Beaworthy levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Beaworthy.

If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Beaworthy state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such works. If you fail to have the consents in place you should not communicate with the landlord without contacting your conveyancer first.

If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Organising a replacement share certificate can be a lengthy process and slows down many a Beaworthy home move. Where a reissued share is needed, do contact the company officers or managing agents (if applicable) 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 lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

We expect to complete our sale of a £175000 maisonette in Beaworthy next Friday . The managing agents has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Beaworthy?

Beaworthy conveyancing on leasehold flats typically results in administration charges levied by managing agents :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Beaworthy
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Beaworthy leasehold premises is £350. For Beaworthy 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 provide answers.

Leasehold Conveyancing in Beaworthy - A selection of Questions you should ask before Purchasing

Who manages the block? The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the lessees benefit from control and even though a managing agent is frequently retained where the building is larger than a house conversion, the managing agent employed by the leaseholders. Best to be warned whether redecorating or some other significant cost is pending that will be shared between the leasehold owners and will materially increase the the service costs or result in a specific payment.

Other Topics

Lease Extensions in Beaworthy