I am on look out for some leasehold conveyancing in Caerwys. Before I set the wheels in motion I want to be sure as to the remaining lease term.

If the lease is registered - and most are in Caerwys - 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 recently realised that I have Seventy years left on my lease in Caerwys. I am keen to extend my lease but my freeholder is can not be found. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases an enquiry agent may be helpful to try and locate and to produce a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court covering Caerwys.

I’m about to sell my 2 bed flat in Caerwys.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay 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 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. This will smooth the conveyancing process.

I today plan to offer on a house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Caerwys. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in Caerwys are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Caerwys in which case you should be looking for a Caerwys conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your lawyer should appraise you on the various issues.

I've recently bought a leasehold property in Caerwys. Do I have any liability for service charges for periods before 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

Leasehold Conveyancing in Caerwys - Sample of Queries before Purchasing

It would be wise to discover as much as possible concerning the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the tidiness of the communal areas. Don't be shy to ask prospective neighbours what they think of their service. On a final note, investigate as to the dates that the maintenance fees are due to the appropriate party and specifically how they are spending that money. What is the name of the managing agents? Most Caerwys leasehold apartments will incur a service charge for the upkeep of the block levied on behalf of the landlord. If you acquire the flat you will have to pay this amount, usually quarterly throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay yearly, normally this is not a exorbitant amount, say about £25-£75 but you need to check as on occasion it can be surprisingly expensive.

Other Topics

Lease Extensions in Caerwys