Estate agents have just been given the go-ahead to market my garden flat in Buckingham.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge invoice – Do I pay up?

The sensible thing to do is pay 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. Having a clear account will assist your cause and will leave you no worse off financially.

Back In 2008, I bought a leasehold flat in Buckingham. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Buckingham who acted for me is not around.Do I pay?

First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Buckingham conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

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

• A significant proportion of the frustration in leasehold conveyancing in Buckingham can be avoided where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers representatives.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Buckingham state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord consenting to such alterations. Should you dont have the paperwork to hand you should not contact the landlord without contacting your conveyancer in the first instance.

Completion in due on the disposal of our £125000 flat in Buckingham in just under a week. The management company has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Buckingham?

Buckingham conveyancing on leasehold flats often involves the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is not legally bound to respond to such questions the majority will be content to assist. They are entitled levy a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the invoice is not strictly payable. In reality you have no option but to pay whatever is demanded should you wish to sell the property.

Are there frequently found problems that you see in leases for Buckingham properties?

There is nothing unique about leasehold conveyancing in Buckingham. Most leases are individual and drafting errors can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Skipton Building Society, and Godiva Mortgages Ltd 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 problematic they may refuse to provide security, obliging the buyer to pull out.

Buckingham Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

This information is useful as a) areas could result in problems for the building as the common areas may start to deteriorate where repairs are not paid for b) if the tenants have a dispute with the running of the building you will need to know about it You should want to discover as much as possible about the company managing the block as they can either make your life much easier or much more difficult. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to daily issues like the cleanliness of the common parts. Ask prospective neighbours what they think of them. On a final note, find out the dates that the service fees are due to the managing agents and specifically what you get for your money. It is important to be aware if changing the roof or some other significant cost is pending to be shared amongst the leaseholders and will materially impact the level of the maintenance fees or necessitate a one time invoice.

Other Topics

Lease Extensions in Buckingham