I have just started marketing my 2 bed flat in Carlisle.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should 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 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've found a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Carlisle. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Carlisle ?

Most houses in Carlisle are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Carlisle in which case you should be shopping around for a Carlisle conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will report to you on the legal implications.

I am a negotiator for a reputable estate agent office in Carlisle where we have witnessed a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Carlisle conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is 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.

What advice can you give us when it comes to choosing a Carlisle conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Carlisle conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several 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 could be of use:

• How many lease extensions have they conducted in Carlisle in the last 12 months?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £400000 garden flat in Carlisle in 5 days. The landlords agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Carlisle?

Carlisle conveyancing on leasehold maisonettes often necessitates the buyer’s solicitor submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address such questions the majority will be willing to do so. They may invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is technically not due. In reality one has no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

Carlisle Leasehold Conveyancing - Examples of Questions you should consider before buying

Does the lease contain onerous restrictions? Be sure to investigate if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Carlisle. If you like the apartmentin Carlisle yet your cat can’t live with you then you have a very hard choice. Please note that where the lease has no more than eighty years it will affect the value of the apartment. Check with your bank that they are content with the length of the lease. A short lease means that you will most likely have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you will need to own the residence for 24 months before you are legally able to carry out a lease extension.

Other Topics

Lease Extensions in Carlisle