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Questions and Answers: Borth leasehold conveyancing

Expecting to sign contracts shortly on a leasehold property in Borth. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Borth should include some of the following:

  • You should receive a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • You should be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a sinking fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Borth please enquire of your lawyer in advance of your conveyancing in Borth

    • I have just started marketing my 2 bed apartment in Borth.Conveyancing solicitors are to be appointed soon but I have just received a yearly maintenance charge demand – Do I pay up?

    The sensible thing to do is 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 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 am hoping to put an offer on a small detached house that appears to meet my requirements, at a great figure which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Borth. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Borth ?

    Most houses in Borth are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Borth so you should seriously consider shopping around for a Borth conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is located on an estate. Your lawyer will appraise you on the various issues.

    I work for a busy estate agency in Borth where we have experienced a number of flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Borth conveyancing firms. Can you confirm whether the seller of a flat can commence the lease extension process for the buyer?

    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 need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

    An alternative approach is 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 purchaser.

    Can you offer any advice when it comes to appointing a Borth conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for your lease extension (regardless if they are a Borth conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with several firms including non Borth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • How familiar is the firm with lease extension legislation?
  • If they are not ALEP accredited then why not?

    • Borth Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      Its a good idea to find out as much as you can concerning the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the upkeep of the common parts. Enquire of prospective neighbours whether they are happy with them. In conclusion, find out the dates that the maintenance fees are due to the managing agents and specifically what it includes. For many Borth leaseholds the cost for major works tend not to be included within maintenance charges, albeit that a few managing agents in Borth require leasehold owners to pay into a reserve fund created for the specific purpose of establishing a fund for larger repairs or maintenance. What is the yearly maintenance fee and ground rent?

    Other Topics

    Lease Extensions in Borth