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When it comes to leasehold conveyancing in Caerwys, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or NatWest be sure to find a lawyer on their approved list. Feel free to use our search tool

Top Five Questions relating to Caerwys leasehold conveyancing

Looking forward to sign contracts shortly on a ground floor flat in Caerwys. Conveyancing solicitors have said that they will have a report out to me tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Caerwys should include some of the following:

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Caerwys please enquire of your solicitor in ahead of your conveyancing in Caerwys

    • I have just appointed agents to market my garden apartment in Caerwys.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – Do I pay up?

    The sensible thing to do is clear 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. This will smooth the conveyancing process.

    I've found a house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Caerwys. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Caerwys ?

    Most houses in Caerwys are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Caerwys so you should seriously consider looking for a Caerwys conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’sconsent to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the estate where the property is located on an estate. Your lawyer will advise you fully on all the issues.

    Do you have any top tips for leasehold conveyancing in Caerwys with the aim of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Caerwys can be avoided if you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Caerwys state that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such changes. Should you dont have the paperwork to hand you should not contact the landlord without checking with your solicitor in advance.
  • A minority of Caerwys leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to 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 financially capable of paying 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 lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. 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 present the dispute as historic rather than ongoing.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Obtaining a re-issued share certificate can be a time consuming process and delays many a Caerwys home move. Where a new share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

    • When it comes to leasehold conveyancing in Caerwys what are the most frequent lease defects?

    There is nothing unique about leasehold conveyancing in Caerwys. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations 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.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Leeds Building Society, and Nottingham Building Society all have express 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, obliging the buyer to withdraw.

    I bought a 2 bed flat in Caerwys, conveyancing having been completed 5 years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable properties in Caerwys with a long lease are worth £240,000. The ground rent is £65 per annum. The lease ceases on 21st October 2093

    With 70 years remaining on your lease the likely cost is going to be between £13,300 and £15,400 plus professional fees.

    The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed investigations. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Caerwys