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Chorley leasehold conveyancing: Q and A’s

Estate agents have just been given the go-ahead to market my basement apartment in Chorley.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you pay 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. Having a clear account will assist your cause and will leave you no worse off financially.

Back In 2000, I bought a leasehold house in Chorley. Conveyancing and Bank of Scotland mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Chorley who acted for me is not around.Any advice?

The first thing you should do is make enquiries of HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Chorley conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What are your top tips when it comes to choosing a Chorley conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for lease extension works (regardless if they are a Chorley conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Chorley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions have they carried out in Chorley in the last 12 months?
  • Can they put you in touch with client in Chorley who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Chorley with the intention of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Chorley can be bypassed if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers representatives.
    • The majority landlords or managing agents in Chorley charge for providing management packs for a leasehold property. 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 Chorley.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Chorley leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord consenting to such alterations. If you dont have the approvals to hand you should not communicate with the landlord without checking with your conveyancer in advance.
  • A minority of Chorley leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice 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 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 purchasers or their solicitors.
  • You believe that you know the number of years remaining on your lease but you should verify this via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • All being well we will complete our sale of a £475000 apartment in Chorley in just under a week. The landlords agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Chorley?

    Chorley conveyancing on leasehold flats usually involves the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to respond to these enquiries the majority will be content to assist. They may charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that one has no option but to pay whatever is requested of you if you want to complete the sale of your home.

    Leasehold Conveyancing in Chorley - A selection of Questions you should ask Prior to buying

      How many years are left on the lease? The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees enjoy control and although a managing agent is usually retained if the building is larger than a house conversion, the managing agent is directed by the tenants. It would be sensible to discover as much as you can concerning the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the communal areas. Enquire of prospective neighbours what they think of their management. On a final note, investigate as to the dates that you are obliged pay the service charge to the managing agents and precisely what you get for your money.

    Other Topics

    Lease Extensions in Chorley