Frequently asked questions relating to Chelmsford leasehold conveyancing
Planning to sign contracts shortly on a ground floor flat in Chelmsford. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Chelmsford should include some of the following:
- Are pets allowed in the flat?
I've recently bought a leasehold house in Chelmsford. Do I have any liability for service charges relating to a period prior to 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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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 appointing a Chelmsford conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Chelmsford conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Chelmsford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- How many lease extensions have they completed in Chelmsford in the last 12 months?
Do you have any advice for leasehold conveyancing in Chelmsford with the intention of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Chelmsford can be reduced where you get in touch lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers representatives.
- Many freeholders or Management Companies in Chelmsford levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Chelmsford.
What are the frequently found problems that you witness in leases for Chelmsford properties?
There is nothing unique about leasehold conveyancing in Chelmsford. Most leases is drafted differently and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the building
- A duty to insure the building
- 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Leeds Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.
Chelmsford Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
The best form of lease structure is a share of the freehold. In this arrangement the lessees benefit from control and although a managing agent is frequently employed where the building is bigger than a house conversion, the managing agent employed by the leaseholders.
What is the length of the lease?
Its a good idea to find out as much as you can about the company managing the building as they can either make life much easier or problematic. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to day to day issues like the upkeep of the common parts. Don't be afraid to ask other people what they think of their management. In conclusion, be sure you know the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending that money.