Recently asked questions relating to Carlisle leasehold conveyancing
Planning to sign contracts shortly on a basement flat in Carlisle. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Carlisle should include some of the following:
- You should be sent a copy of the lease
I've recently bought a leasehold flat in Carlisle. Am I liable to pay service charges relating to a period prior to 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. However, 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).
What advice can you give us when it comes to finding a Carlisle conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Carlisle conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Carlisle conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:
- How experienced is the firm with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Carlisle with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Carlisle can be avoided if you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers solicitors.
- Many landlords or Management Companies in Carlisle charge for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Carlisle.
When it comes to leasehold conveyancing in Carlisle what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Carlisle. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain elements of the property
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
You may encounter 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. Santander, Barnsley Building Society, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to withdraw.
Leasehold Conveyancing in Carlisle - Examples of Questions you should consider before buying
Are there any major works in the near future that will likely add a premium to the service charges?
It is important to be aware whether changing the roof or some other significant cost is due in the foreseeable future to be shared by the leasehold owners and will materially increase the the service fees or necessitate a specific invoice.
Its a good idea to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to practical issues like the cleanliness of the common parts. Don't be afraid to ask prospective neighbours whether they are happy with them. In conclusion, be sure you know the dates that the maintenance charges are due to the managing agents and specifically how they are spending the funds.