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

Assuming the lease is recorded at the land registry - and most are in Chard - 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.

Frank (my husband) and I may need to sub-let our Chard 1st floor flat temporarily due to a new job. We instructed a Chard conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Chard do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Last month I purchased a leasehold house in Chard. Do I have any liability for service charges for periods before my ownership?

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. It is an essential part 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).

Can you provide any top tips for leasehold conveyancing in Chard from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Chard can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation needed by the buyers lawyers.
• Many freeholders or Management Companies in Chard charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Chard.

If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Chard state that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such changes. Where you dont have the consents in place you should not communicate with the landlord without checking with your conveyancer in advance.

A minority of Chard leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.

If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share certificate. Obtaining a replacement share certificate can be a lengthy process and slows down many a Chard conveyancing deal. If a new share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

All being well we will complete our sale of a £275000 garden flat in Chard next Thursday . The freeholder has quoted £408 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Chard?

Chard conveyancing on leasehold apartments typically involves fees being levied by managing agents :

• Addressing pre-contract questions
• Where consent is required before sale in Chard
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Chard leasehold property is £350. For Chard 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 the information.

Chard Leasehold Conveyancing - Sample of Queries Prior to buying

Generally speaking the cost for major works tend not to be wrapped into the service charges, albeit that some managing agents in Chard require leasehold owners to contribute towards a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance. Does the lease have more than 85 years left? How much is the ground rent and service charge?

Other Topics

Lease Extensions in Chard