Having had my offer accepted I require leasehold conveyancing in Broadclyst. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Broadclyst - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I have just appointed agents to market my ground floor flat in Broadclyst.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should 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.

Back In 2002, I bought a leasehold house in Broadclyst. Conveyancing and Barclays Direct mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Broadclyst who previously acted has long since retired.Any advice?

First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Broadclyst conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to finding a Broadclyst conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Broadclyst conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Broadclyst conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• What volume of lease extensions has the firm carried out in Broadclyst in the last 12 months?

What are the frequently found deficiencies that you encounter in leases for Broadclyst properties?

There is nothing unique about leasehold conveyancing in Broadclyst. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Coventry Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to pull out.

Leasehold Conveyancing in Broadclyst - Sample of Queries Prior to buying

What prohibitions exist in the Broadclyst Lease? Are there any major works anticipated that will likely increase the maintenance costs? The majority of Broadclyst leasehold properties will be liable to pay a service charge for maintenance of the building invoiced on behalf of the freeholder. Where you buy the apartment you will have to meet this contribution, usually quarterly during the year. This can be anything from several hundred pounds to thousands of pounds for blocks with lifts and large common areas. There will also be a ground rent to be met annual, this is usually not a exorbitant sum, say around £50-£100 but you should to enquire as sometimes it can be surprisingly expensive.

Other Topics

Lease Extensions in Broadclyst