Fixed-fee leasehold conveyancing in Boscombe:

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Sample questions relating to Boscombe leasehold conveyancing

Harry (my fiance) and I may need to sub-let our Boscombe garden flat for a while due to taking a sabbatical. We instructed a Boscombe conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Boscombe conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you are obliged to obtain consent via your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining permission. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

I have recently realised that I have Fifty years remaining on my flat in Boscombe. I need to extend my lease but my freeholder is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist would be useful to conduct investigations and to produce an expert document to be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court covering Boscombe.

I have just started marketing my 2 bed apartment in Boscombe.Conveyancing has not commenced but I have just received a yearly maintenance charge demand – should I leave it to the buyer to sort out?

The sensible thing to do is discharge the invoice 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.

Do you have any advice for leasehold conveyancing in Boscombe with the aim of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Boscombe can be bypassed where you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ lawyers.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Boscombe state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you fail to have the consents to hand you should not contact the landlord without contacting your conveyancer before hand.
  • A minority of Boscombe leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or settle 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 particulars of the dispute to the buyers, but it is better to reveal the dispute as historic rather than ongoing.
  • If you hold a share in a the freehold, you should make sure that you have the original share document. Organising a re-issued share certificate can be a time consuming formality and delays many a Boscombe home move. Where a duplicate share is needed, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • We expect to complete the disposal of our £475000 maisonette in Boscombe in just under a week. The managing agents has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Boscombe?

    Boscombe conveyancing on leasehold flats more often than not requires the purchaser’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to assist. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, without which the charge is technically not due. In reality one has little option but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Boscombe Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

      Are there any major works on the horizon that could increase the service fees? It would be prudent to find out as much as you can concerning the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to day to day matters like the upkeep of the common parts. Ask other people what they think of them. On a final note, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically what it includes. The best form of lease arrangement is where the freehold interest is owned by the leaseholders. In this scenario the leaseholders enjoy being in charge if their destiny and although a managing agent is often employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Boscombe