Experts for Leasehold Conveyancing in Crabtree

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Recently asked questions relating to Crabtree leasehold conveyancing

I am hoping to sign contracts shortly on a leasehold property in Crabtree. Conveyancing solicitors have said that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What options are open to you if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Crabtree please enquire of your conveyancer in ahead of your conveyancing in Crabtree

  • I have just appointed agents to market my garden flat in Crabtree.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should pay the service charge 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 managing agents 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.

    I've recently bought a leasehold flat in Crabtree. Am I liable to pay 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).

    I am employed by a busy estate agent office in Crabtree where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have been given contradictory information from local Crabtree conveyancing firms. Please can you shed some light as to whether the vendor of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

    Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

    Can you provide any advice for leasehold conveyancing in Crabtree from the point of view of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Crabtree can be bypassed where you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the buyers lawyers.
    • Many freeholders or Management Companies in Crabtree charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to 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 cause of frustration in leasehold conveyancing in Crabtree.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in Crabtree state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you dont have the consents to hand you should not contact the landlord without contacting your conveyancer in the first instance.
  • A minority of Crabtree leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are able to meet 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Organising a duplicate share certificate can be a time consuming formality and slows down many a Crabtree home move. If a reissued share certificate is required, do contact the company officers or managing agents (if applicable) for this as soon as possible.

  • I invested in buying a ground floor flat in Crabtree, conveyancing formalities finalised 2012. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Crabtree with a long lease are worth £266,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease finishes on 21st October 2086

    You have 61 years remaining on your lease we estimate the premium for your lease extension to span between £20,000 and £23,000 as well as professional fees.

    The figure above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Crabtree