I have just started marketing my ground floor flat in Benfleet.Conveyancing is yet to be initiated but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is pay 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 seems to be perfect, at a reasonable price which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Benfleet. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Benfleet are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Benfleet in which case you should be looking for a Benfleet conveyancing practitioner and check that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

What are your top tips when it comes to appointing a Benfleet conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Benfleet conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Benfleet conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• If the firm is not ALEP accredited then what is the reason?
• Can they put you in touch with client in Benfleet who can give a testimonial?

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

• A significant proportion of the delay in leasehold conveyancing in Benfleet can be bypassed if you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Benfleet state that internal structural alterations or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you fail to have the paperwork in place do not communicate with the landlord without checking with your solicitor before hand.
• Some Benfleet leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying 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 hold a share in a the freehold, you should make sure that you have the original share certificate. Organising a duplicate share certificate can be a lengthy process and frustrates many a Benfleet conveyancing deal. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
• You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A purchaser's conveyancer will not be happy to advise their client to where the lease term is under 75 years. It is therefore important 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 premises on the market for sale.

All being well we will complete the disposal of our £ 325000 maisonette in Benfleet in just under a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Benfleet?

Benfleet conveyancing on leasehold apartments more often than not requires the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to assist. They are entitled charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, otherwise the charge is not strictly payable. Reality however dictates that you have no option but to pay whatever is demanded should you wish to sell the property.

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

Does the lease contain onerous restrictions? Many Benfleet leasehold apartments will have a service bill for the upkeep of the building set by the freeholder. Where you purchase the property you will have to meet this contribution, normally in instalments throughout the year. This may vary from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a ground rent to be met yearly, normally this is not a large amount, say around £25-£75 but you should to enquire as occasionally it could be many hundreds of pounds.