I own a leasehold flat in Crewkerne. Conveyancing and Accord Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Crewkerne who acted for me is not around.What should I do?

The first thing you should do is contact the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Crewkerne conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a reputable estate agency in Crewkerne where we see a few flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Crewkerne conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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 buyer.

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

If you are instructing a conveyancer for your lease extension (regardless if they are a Crewkerne conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three firms including non Crewkerne conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

• How familiar is the firm with lease extension legislation?

Do you have any advice for leasehold conveyancing in Crewkerne from the point of view of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Crewkerne can be reduced if you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Crewkerne state that internal structural changes or laying down wooden flooring require a licence from the Landlord approving such works. Where you fail to have the approvals to hand you should not communicate with the landlord without contacting your conveyancer before hand.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £300000 maisonette in Crewkerne next Tuesday . The landlords agents has quoted £372 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Crewkerne?

Crewkerne conveyancing on leasehold flats normally involves the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is under no legal obligation to answer such questions most will be willing to do so. They may invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the invoice is not strictly payable. Reality however dictates that one has no choice but to pay whatever is requested of you if you want to complete the sale of your home.

Crewkerne Leasehold Conveyancing - Examples of Questions you should consider Prior to buying

Its a good idea to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the upkeep of the communal areas. You should not be shy to ask other people if they are happy with their service. On a final note, find out the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what it includes. This question is important as a) areas may cause problems in the block as the common areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to know about it For most Crewkerne leaseholds the cost for major works tend not to be wrapped into the service charges, albeit that some managing agents in Crewkerne require tenants to pay into a sinking fund created for the specific intention of building a fund for major repairs or maintenance.

Other Topics

Lease Extensions in Crewkerne