Questions and Answers: Blackburn leasehold conveyancing
Expecting to complete next month on a ground floor flat in Blackburn. Conveyancing lawyers assured me that they report fully 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 Blackburn should include some of the following:
- Defining your legal entitlements in relation to common areas in the block.E.G., does the lease contain a right of way over an accessway or staircase?
My wife and I purchased a leasehold house in Blackburn. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Blackburn who acted for me is not around.What should I do?
First contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Blackburn conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am employed by a reputable estate agent office in Blackburn where we see a few flat sales derailed as a result of short leases. I have received conflicting advice from local Blackburn conveyancing solicitors. Could you clarify whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Do you have any top tips for leasehold conveyancing in Blackburn from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Blackburn can be reduced if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
- Many landlords or Management Companies in Blackburn levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Blackburn.
If all goes to plan we aim to complete the sale of our £350000 apartment in Blackburn in just under a week. The landlords agents has quoted £312 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Blackburn?
Blackburn conveyancing on leasehold maisonettes usually requires the buyer’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions the majority will be content to assist. They are at liberty charge a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some situations it exceeds £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. In reality you have no option but to pay whatever is requested of you if you want to complete the sale of your home.
Blackburn Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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How long is the Lease?
Make sure you enquire if there is anything that is prohibited in the lease. For instance it is fairly common in Blackburn leases that pets are not allowed in certain buildings in Blackburn. If you like the flatin Blackburn however your cat can’t move with you then you have a very difficult decision.
In the main the cost for major works tend not to be built into the maintenance charges, although there some managing agents in Blackburn require leaseholders to contribute towards a sinking fund created for the specific intention of establishing a fund for larger works.
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