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When it comes to leasehold conveyancing in Chester le Street, you will need to appoint a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Lloyds, RBS or Nationwide be sure to choose a lawyer on their approved list. Find a Chester le Street conveyancing lawyer with our search tool

Frequently asked questions relating to Chester le Street leasehold conveyancing

Expecting to sign contracts shortly on a studio apartment in Chester le Street. Conveyancing lawyers inform me 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 Chester le Street should include some of the following:

  • You should receive a copy of the lease
  • Does the lease prevent you from letting out the property, or having a home office for business
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • 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.
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Chester le Street please enquire of your lawyer in advance of your conveyancing in Chester le Street

    • I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Chester le Street. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Chester le Street ?

    Most houses in Chester le Street are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Chester le Street so you should seriously consider shopping around for a Chester le Street conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your solicitor should advise you fully on all the issues.

    I've recently bought a leasehold property in Chester le Street. 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 lessee 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 advice for leasehold conveyancing in Chester le Street from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Chester le Street can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers conveyancers.
    • The majority freeholders or managing agents in Chester le Street levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. 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 cause of frustration in leasehold conveyancing in Chester le Street.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you installed wooden flooring? Chester le Street leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord acquiescing to such changes. Should you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer first.
  • Some Chester le Street 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 financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the annual 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 had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as over as opposed to ongoing.

    • When it comes to leasehold conveyancing in Chester le Street what are the most common lease defects?

    Leasehold conveyancing in Chester le Street is not unique. All leases is drafted differently 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 parts of the property
    • 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley 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 grant the mortgage, forcing the purchaser to pull out.

    Chester le Street Leasehold Conveyancing - A selection of Queries before buying

      Who are the managing agents? This information is helpful as a) areas can cause problems in the building as the communal areas may begin to deteriorate if maintenance are not paid for b) if the leaseholders have an issue with the managing agents you will want to have all the details The best form of lease arrangement is a share of the freehold. In this arrangement the tenants enjoy being in charge if their destiny and even though a managing agent is often employed if it is larger than a house conversion, the managing agent is directed by the tenants.

    Other Topics

    Lease Extensions in Chester le Street