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Sample questions relating to Brinsworth leasehold conveyancing

I have just appointed agents to market my garden apartment in Brinsworth.Conveyancing has not commenced but I have just had a half-yearly maintenance charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should 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 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Brinsworth. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Brinsworth ?

Most houses in Brinsworth are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Brinsworth in which case you should be shopping around for a Brinsworth conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your lawyer will report to you on the legal implications.

I've recently bought a leasehold house in Brinsworth. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee 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. It is an essential part 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 offer any advice when it comes to finding a Brinsworth conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a Brinsworth conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Brinsworth conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:

  • Can they put you in touch with client in Brinsworth who can give a testimonial?
  • What are the costs for lease extension work?

    • Do you have any advice for leasehold conveyancing in Brinsworth from the perspective of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Brinsworth can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ solicitors.
    • The majority freeholders or managing agents in Brinsworth charge for providing management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Brinsworth.
  • Some Brinsworth leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are 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 buyers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of 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 are supposed to have a share in the freehold, you should make sure that you have the original share document. Obtaining a re-issued share certificate can be a lengthy formality and slows down many a Brinsworth conveyancing deal. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

    • Brinsworth Leasehold Conveyancing - Sample of Queries Prior to Purchasing

      Best to be warned whether window replacement or some other major work is pending to be shared between the leasehold owners and may well materially increase the the maintenance charges or result in a specific payment. If a Brinsworth lease has no more than eighty years it will affect the marketability of the apartment. Check with your bank that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth discovering how much this would cost. For most Brinsworthlease extensions you would be be obliged to have owned the property for a couple of years in order to be entitled to carry out a lease extension. Many Brinsworth leasehold flats will have a service charge for the upkeep of the block levied by the freeholder. Where you acquire the flat you will have to meet this charge, usually periodically throughout the year. This can vary from several hundred pounds to thousands of pounds for bigger purpose-built blocks. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say around £50-£100 but you need to enquire it because on occasion it could be many hundreds of pounds.

    Other Topics

    Lease Extensions in Brinsworth