Estate agents have just been given the go-ahead to market my ground floor apartment in Bishopsworth.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should discharge 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 recently bought a leasehold house in Bishopsworth. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

What are your top tips when it comes to appointing a Bishopsworth conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Bishopsworth conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Bishopsworth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• What volume of lease extensions have they carried out in Bishopsworth in the last 12 months?

What are the legal fees for lease extension work?

Completion in due on the disposal of our £475000 apartment in Bishopsworth next Friday . The managing agents has quoted £384 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Bishopsworth?

For most leasehold sales in Bishopsworth conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract questions
• Where consent is required before sale in Bishopsworth
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Bishopsworth leasehold premises is £350. For Bishopsworth 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 required to supply answers.

When it comes to leasehold conveyancing in Bishopsworth what are the most frequent lease problems?

Leasehold conveyancing in Bishopsworth is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• 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

You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Bank of Scotland, and Platform Home Loans Ltd 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, obliging the buyer to pull out.

Leasehold Conveyancing in Bishopsworth - Sample of Questions you should ask before buying

Most Bishopsworth leasehold flats will be liable to pay a service charge for the upkeep of the block set by the management company. Should you purchase the property you will have to meet this charge, normally periodically throughout the year. This may vary from a few hundred pounds to thousands of pounds for large purpose-built blocks. In all probability there will be a rentcharge for you to pay yearly, normally this is not a large amount, say around £25-£75 but you need to enquire as occasionally it can be many hundreds of pounds. The best form of lease structure is if the freehold interest is owned by the leaseholders. In this scenario the tenants have being in charge if their destiny and even though a managing agent is frequently employed where it is bigger than a house conversion, the managing agent retained by the leaseholders. This question is useful as a) areas may cause problems in the block as the communal areas may begin to deteriorate where services are not paid for b) if the leasehold owners have an issue with the managing agents you will want to have all the details

Other Topics

Lease Extensions in Bishopsworth