Bodmin leasehold conveyancing: Q and A’s
Looking forward to complete next month on a garden flat in Bodmin. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Bodmin should include some of the following:
- Does the lease prohibit wood flooring?
I have just appointed agents to market my 2 bed apartment in Bodmin.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge demand – what should I do?
It best that you clear 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 management companies will not acknowledge the buyer unless 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. This will smooth the conveyancing process.
I am attracted to a two flats in Bodmin both have approximately fifty years unexpired on the leases. Do I need to be concerned?
There are plenty of short leases in Bodmin. The lease is a legal document that entitles you to use the property for a period of time. As a lease gets shorter the value of the lease decreases and it becomes more costly to extend the lease. For this reason it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on properties of this type. Lease enfranchisement can be a protracted process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this area
I am a negotiator for a long established estate agency in Bodmin where we have witnessed a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Bodmin conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can instigate the lease extension process for the buyer?
Provided that the seller has owned the lease 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. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.
What are your top tips when it comes to finding a Bodmin conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Bodmin conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Bodmin 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 useful:
- How many lease extensions has the firm completed in Bodmin in the last year?
Leasehold Conveyancing in Bodmin - Sample of Queries before Purchasing
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Please inform me if there are any major works anticipated that could add a premium to the maintenance fees?
It is important to be aware whether redecorating or some other significant cost is due shortly to be shared between the leaseholders and may well materially impact the level of the service charges or require a one time invoice.
It would be sensible to discover as much as you can regarding the company managing the building as they can either make life much easier or much more difficult. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to every day matters like the cleanliness of the common parts. Ask other tenants what they think of them. On a final note, investigate as to the dates that the maintenance fees are due to the appropriate party and precisely what you get for your money.
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