Estate agents have just been given the go-ahead to market my garden apartment in Broad Haven.Conveyancing has not commenced but I have just had a yearly service charge demand – what should I do?

It best that you 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 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've recently bought a leasehold property in Broad Haven. Do I have any liability for service charges relating to a period prior to my ownership?

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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

I am a negotiator for a busy estate agent office in Broad Haven where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Broad Haven conveyancing firms. Could you shed some light as to whether the vendor of a flat can initiate the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Do you have any advice for leasehold conveyancing in Broad Haven with the intention of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Broad Haven can be reduced where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
• Many landlords or Management Companies in Broad Haven charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Broad Haven.

In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Broad Haven state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the approvals in place you should not communicate with the landlord without checking with your conveyancer before hand.

If you hold a share in a the Management Company, you should ensure that you have the original share document. Organising a replacement share certificate is often a lengthy process and slows down many a Broad Haven conveyancing deal. Where a reissued share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

We expect to complete the sale of our £475000 maisonette in Broad Haven on Wednesday in a week. The landlords agents has quoted £408 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Broad Haven?

For the majority of leasehold sales in Broad Haven conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-contract questions
• Where consent is required before sale in Broad Haven
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Broad Haven leasehold premises is £350. For Broad Haven conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Leasehold Conveyancing in Broad Haven - Examples of Questions you should consider before buying

Are there any major works in the near future that will increase the service charges? Be sure to find out if the the lease includes any unreasonable restrictions in the lease. For instance it is fairly common in Broad Haven leases that pets are not allowed in in a block in Broad Haven. If you love the propertyin Broad Haven but your dog is not allowed to make the move with you then you will be presented with a hard decision. The answer will be helpful as a) areas can result in problems in the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will want to know about it

Other Topics

Lease Extensions in Broad Haven