Recently asked questions relating to Blackburn leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Blackburn. Before diving in I want to be sure as to the unexpired term of the lease.
If the lease is recorded at the land registry - and almost all are in Blackburn - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Blackburn. Conveyancing solicitors have not yet been appointed. Will they explain the issues?
Most houses in Blackburn are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Blackburn in which case you should be looking for a Blackburn conveyancing solicitor and be sure that they are used to transacting on 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 to the property. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will advise you fully on all the issues.
Back In 2006, I bought a leasehold house in Blackburn. Conveyancing and Halifax mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Blackburn who previously acted has long since retired.Do I pay?
The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Blackburn conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Last month I purchased a leasehold flat in Blackburn. Do I have any liability for service charges relating to a period prior to completion of my purchase?
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. It is an essential part 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).
Completion in due on our sale of a £400000 garden flat in Blackburn on Tuesday in a week. The landlords agents has quoted £396 for Landlord’s certificate, insurance certificate 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 ordinarily involves administration charges invoiced by freeholders :
- Completing conveyancing due diligence questions
- Where consent is required before sale in Blackburn
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Blackburn Leasehold Conveyancing - Examples of Queries before Purchasing
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What is the yearly service fee and ground rent?
Please note if it is no more than 80 years it will affect the marketability of the apartment. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension sooner rather than later and you need to have some idea of how much this would cost. Remember, in most cases you would need to own the residence for 24 months in order to be legally able to carry out a lease extension.
Plenty Blackburn leasehold flats will have a service charge for the upkeep of the building set by the freeholder. Should you buy the apartment you will have to pay this liability, usually quarterly accross the year. This may differ from several hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met annual, ordinarily this is not a exorbitant amount, say approximately £25-£75 but you need to check as occasionally it could be prohibitively expensive.
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