Frequently asked questions relating to Bodmin leasehold conveyancing
Expecting to exchange soon on a basement flat in Bodmin. Conveyancing solicitors inform me that they are sending me a report next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Bodmin should include some of the following:
- You should be sent a copy of the lease
I’m about to sell my basement flat in Bodmin.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge demand – 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 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. Having a clear account will assist your cause and will leave you no worse off financially.
I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Bodmin. Conveyancing lawyers have are about to be appointed. Will they explain the issues?
The majority of houses in Bodmin are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Bodmin in which case you should be looking for a Bodmin conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your lawyer should advise you fully on all the issues.
I've recently bought a leasehold flat in Bodmin. Do I have any liability for service charges for periods before 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 ensure 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 offer any advice when it comes to finding a Bodmin conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Bodmin conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Bodmin conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If the firm is not ALEP accredited then why not?
Bodmin Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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Are any of leasehold owners in dispute over their service charge payments?
Please note if it is no more than 80 years it will affect the value of the property. It is worth checking with your mortgage company that they are content with the length of the lease. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you would need to own the premises for a couple of years before you are eligible to extend the lease.
Generally speaking the outlay for major works are not wrapped into the service charges, albeit that a few managing agents in Bodmin require leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major works.
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