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When it comes to leasehold conveyancing in Blackburn, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Lloyds, Yorkshire Building Society or Nationwide be sure to choose a lawyer on their panel. Find a Blackburn conveyancing lawyer with our search tool

Recently asked questions relating to Blackburn leasehold conveyancing

I have just appointed agents to market my garden flat in Blackburn.Conveyancing has not commenced but I have just received a yearly maintenance charge invoice – Do I pay up?

It best that you discharge the service charge 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 managing agents 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 meet my requirements, at a great figure which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Blackburn. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Blackburn ?

Most houses in Blackburn are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Blackburn in which case you should be looking for a Blackburn conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

I own a leasehold flat in Blackburn. Conveyancing and Accord Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Blackburn who previously acted has long since retired.What should I do?

First contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Blackburn conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold flat in Blackburn. Do I have any liability for service charges for periods before my ownership?

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. However, 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).

Can you provide any top tips for leasehold conveyancing in Blackburn with the purpose of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Blackburn can be bypassed where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ solicitors.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Blackburn leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such works. Should you fail to have the paperwork to hand you should not communicate with the landlord without contacting your solicitor first.
  • Some Blackburn leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to 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 yearly 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to unsettled.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Organising a new share certificate can be a time consuming process and slows down many a Blackburn conveyancing deal. If a duplicate share certificate is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.

    • Leasehold Conveyancing in Blackburn - A selection of Questions you should consider before buying

      Plenty Blackburn leasehold apartments will incur a service charge for maintenance of the building levied by the management company. If you buy the flat you will have to meet this contribution, normally quarterly accross the year. This may be anything from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all likelihood there will be a rentcharge for you to pay annual, this is usually not a exorbitant amount, say about £50-£100 but you need to enquire it because sometimes it could be many hundreds of pounds. On the whole the outlay for major works tend not to be wrapped into the service charges, albeit that some managing agents in Blackburn obliged leaseholders to pay into a sinking fund created for the specific purpose of establishing a fund for major repairs or maintenance. How much is the annual maintenance fee and ground rent?

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