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Top Five Questions relating to Christchurch leasehold conveyancing

I am on look out for some leasehold conveyancing in Christchurch. Before I get started I would like to find out the unexpired term of the lease.

If the lease is registered - and 99.9% are in Christchurch - then the leasehold title will always include the short particulars 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 am hoping to complete next month on a leasehold property in Christchurch. Conveyancing solicitors inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Christchurch please ask your conveyancer in advance of your conveyancing in Christchurch

    • My wife and I purchased a leasehold flat in Christchurch. Conveyancing and Clydesdale mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Christchurch who acted for me is not around.Any advice?

    The first thing you should do is contact HMLR to make sure that this person is in fact the new freeholder. You do not need to instruct a Christchurch conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold flat in Christchurch. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    In a situation 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. 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 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).

    Do you have any top tips for leasehold conveyancing in Christchurch from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Christchurch can be avoided if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the buyers representatives.
    • Many freeholders or Management Companies in Christchurch charge for supplying 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 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 reason for frustration in leasehold conveyancing in Christchurch.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Christchurch state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord approving such alterations. If you fail to have the consents to hand do not communicate with the landlord without checking with your conveyancer in advance.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as over rather than unresolved.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Obtaining a duplicate share certificate can be a lengthy formality and frustrates many a Christchurch conveyancing deal. Where a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • Christchurch Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      Most Christchurch leasehold flats will have a service charge for maintenance of the block set on behalf of the freeholder. If you purchase the property you will have to meet this liability, normally periodically accross the year. This may be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a ground rent for you to pay annual, normally this is not a significant sum, say approximately £50-£100 but you need to enquire it because sometimes it can be prohibitively expensive. You will want to find out as much as possible concerning the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the cleanliness of the communal areas. Ask prospective neighbours whether they are happy with their service. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. How many of the leaseholders are in arrears for their maintenance charge payments?

    Other Topics

    Lease Extensions in Christchurch