Guaranteed fixed fees for Leasehold Conveyancing in Christchurch

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When it comes to leasehold conveyancing in Christchurch, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Santander, Birmingham Midshires or Nationwide be sure to find a lawyer on their panel. Feel free to use our search tool

Recently asked questions relating to Christchurch leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Christchurch. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Christchurch - then the leasehold title will always include the basic details 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.

I have just started marketing my ground floor flat in Christchurch.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should 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.

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

In a situation 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. However, 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 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).

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

  • Much of the frustration in leasehold conveyancing in Christchurch can be reduced if you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ conveyancers.
  • The majority freeholders or Management Companies in Christchurch levy fees for providing management packs for a leasehold premises. 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 reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Christchurch.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Christchurch leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such changes. If you fail to have the paperwork to hand you should not communicate with the landlord without contacting your solicitor in the first instance.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a lengthy process and slows down many a Christchurch conveyancing transaction. If a duplicate share is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • What are the frequently found problems that you encounter in leases for Christchurch properties?

    Leasehold conveyancing in Christchurch is not unique. All leases are individual and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, The Mortgage Works, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

    Christchurch Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

      Best to be warned if fixing the lift or some other major work is due shortly to be shared by the leaseholders and may well materially impact the level of the maintenance charges or require a one off payment. Does the lease have in excess of 82 years unexpired? You should want to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the common parts. Don't be afraid to ask other people if they are happy with them. On a final note, find out the dates that the service fees are due to the managing agents and specifically what you get for your money.

    Other Topics

    Lease Extensions in Christchurch