I am on look out for some leasehold conveyancing in Canford Cliffs. Before I set the wheels in motion I would like to find out the remaining lease term.

If the lease is registered - and almost all are in Canford Cliffs - then the leasehold title will always include the basic details 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 started marketing my ground floor flat in Canford Cliffs.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge demand – Do I pay up?

It best that you clear 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 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 am a negotiator for a long established estate agent office in Canford Cliffs where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Canford Cliffs conveyancing solicitors. Please can you clarify whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.

Alternatively, it may be possible 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 advice for leasehold conveyancing in Canford Cliffs from the point of view of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Canford Cliffs can be reduced if you appoint lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers lawyers.
• Many landlords or Management Companies in Canford Cliffs levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Canford Cliffs.

If you have had any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to unresolved.

If you are supposed to have a share in the freehold, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate can be a lengthy process and frustrates many a Canford Cliffs home move. Where a reissued share certificate is required, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

You believe that you know the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

We expect to complete our sale of a £425000 maisonette in Canford Cliffs next Thursday . The freeholder has quoted £324 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Canford Cliffs?

For most leasehold sales in Canford Cliffs conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Canford Cliffs
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Canford Cliffs leasehold premises is £350. For Canford Cliffs conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Canford Cliffs Leasehold Conveyancing - A selection of Queries Prior to buying

It is important to be aware whether a new roof is being installed or some other major work is anticipated that will be shared amongst the leaseholders and will materially impact the level of the maintenance fees or necessitate a specific payment. Are any of leasehold owners in dispute over their service charge liability? The best form of lease structure is a share of the freehold. In this scenario the tenants enjoy being in charge if their destiny and even though a managing agent is usually retained if the building is larger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Canford Cliffs