Fixed-fee leasehold conveyancing in Canford Heath:

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Recently asked questions relating to Canford Heath leasehold conveyancing

Estate agents have just been given the go-ahead to market my 2 bed apartment in Canford Heath.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you 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 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.

My wife and I purchased a leasehold flat in Canford Heath. Conveyancing and HSBC Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Canford Heath who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Canford Heath conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two flats in Canford Heath both have about fifty years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Canford Heath. The lease is a right to use the premises for a period of time. As a lease gets shorter the marketability of the lease deteriorate and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on such properties. Lease extension can be a protracted process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena

I've recently bought a leasehold flat in Canford Heath. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee 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).

Do you have any top tips for leasehold conveyancing in Canford Heath with the intention of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Canford Heath can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers conveyancers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Canford Heath leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such alterations. If you fail to have the paperwork in place do not contact the landlord without contacting your lawyer first.
  • Some Canford Heath leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic rather than unresolved.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Arranging a duplicate share certificate is often a time consuming process and frustrates many a Canford Heath home move. If a duplicate share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

    • Canford Heath Conveyancing for Leasehold Flats - Sample of Queries before buying

      On the whole the outlay for major works tend not to be included within maintenance charges, albeit that a few managing agents in Canford Heath obliged tenants to pay into a reserve fund created for the specific purpose of building a fund for major repairs or maintenance. The answer will be important as a) areas could cause problems in the block as the common areas may start to deteriorate where services remain unpaid b) if the tenants have a dispute with the running of the building you will need to have all the details Its a good idea to find out as much as possible regarding the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues such as the upkeep of the communal areas. Ask other tenants if they are happy with their service. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically how they are spending that money.

    Other Topics

    Lease Extensions in Canford Heath