Caergwrle leasehold conveyancing Example Support Desk Enquiries
I’m about to sell my ground floor apartment in Caergwrle.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – Do I pay up?
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 management companies 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.
I own a leasehold house in Caergwrle. Conveyancing and TSB mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Caergwrle who previously acted has long since retired.Do I pay?
The first thing you should do is contact HMLR to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Caergwrle conveyancing solicitor to do this as it can be done on-line 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.
I work for a reputable estate agent office in Caergwrle where we have experienced a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Caergwrle conveyancing firms. Please can you shed some light as to whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence 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 has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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.
Can you provide any top tips for leasehold conveyancing in Caergwrle with the aim of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Caergwrle can be reduced if you appoint lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the buyers solicitors.
- The majority landlords or Management Companies in Caergwrle charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Caergwrle.
When it comes to leasehold conveyancing in Caergwrle what are the most frequent lease problems?
Leasehold conveyancing in Caergwrle is not unique. All leases are unique and drafting errors can result in certain sections are not included. 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 property
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
You may encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Clydesdale all have very detailed conveyancing instructions 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 grant the mortgage, forcing the purchaser to withdraw.
Caergwrle Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
-
Make sure you investigate if the the lease includes any onerous restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Caergwrle. If you love the flatin Caergwrle however your cat can’t move with you then you will be presented with a hard decision.
Many Caergwrle leasehold apartments will have a service charge for maintenance of the building levied by the freeholder. Should you acquire the apartment you will have to pay this contribution, normally in instalments throughout the year. This could be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a large figure, say around £25-£75 but you need to check as on occasion it could be many hundreds of pounds.
Who is in charge of the block?
Other Topics