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Frequently asked questions relating to Charmouth leasehold conveyancing

You should [be sent a copy of the lease|receive a copy of the lease]

Due to complete next month on a garden flat in Charmouth. Conveyancing lawyers have said that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Charmouth should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease?
For a comprehensive list of information to be included in your report on your leasehold property in Charmouth please ask your solicitor in ahead of your conveyancing in Charmouth

I have just started marketing my garden flat in Charmouth.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge demand – Do I pay up?

The sensible thing to do is discharge 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. This will smooth the conveyancing process.

What advice can you give us when it comes to appointing a Charmouth conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Charmouth conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Charmouth 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 useful:

  • What volume of lease extensions has the firm completed in Charmouth in the last twenty four months?
  • Can they put you in touch with client in Charmouth who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Charmouth with the intention of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Charmouth can be reduced where you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
  • The majority freeholders or managing agents in Charmouth charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Charmouth.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Charmouth state that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Should you dont have the paperwork in place you should not communicate with the landlord without checking with your lawyer first.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Arranging a new share certificate can be a time consuming process and frustrates many a Charmouth home move. Where a new share is needed, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be advisable verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the lease term is below 75 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Are there common defects that you see in leases for Charmouth properties?

There is nothing unique about leasehold conveyancing in Charmouth. All leases are unique and legal mistakes in the legal wording can result in certain clauses are erroneous. 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 premises
  • Insurance obligations
  • Clauses dealing with recovering service charges for expenditure on the building or common parts.
  • Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Norwich and Peterborough Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.

I acquired a studio flat in Charmouth, conveyancing formalities finalised in 1999. Can you work out an approximate cost of a lease extension? Equivalent properties in Charmouth with over 90 years remaining are worth £255,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease terminates on 21st October 2093

You have 67 years unexpired we estimate the premium for your lease extension to span between £12,400 and £14,200 plus legals.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.