Common questions relating to Cringleford leasehold conveyancing
Expecting to sign contracts shortly on a studio apartment in Cringleford. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. What should I be looking out for?
The report on title for your leasehold conveyancing in Cringleford should include some of the following:
- You should be sent a copy of the lease
I’m about to sell my ground floor apartment in Cringleford.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should discharge 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 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 found a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Cringleford. Conveyancing advisers have are soon to be appointed. Will they explain the issues?
Most houses in Cringleford are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Cringleford so you should seriously consider looking for a Cringleford conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should report to you on the legal implications.
I am a negotiator for a busy estate agency in Cringleford where we see a number of leasehold sales derailed as a result of short leases. I have received inconsistent advice from local Cringleford conveyancing firms. Can you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?
Provided that the seller has been the owner 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 can avoid having to sit tight for 2 years for a lease extension. 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 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 purchaser.
Can you offer any advice when it comes to choosing a Cringleford conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Cringleford conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Cringleford conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- If the firm is not ALEP accredited then what is the reason?
Cringleford Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying
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You should want to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the cleanliness of the communal areas. Enquire of prospective neighbours what they think of them. Finally, be sure you understand the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money.
Please inform me if there are any major works in the near future that will increase the maintenance charges?
Are any of leasehold owners in arrears of their service charge liability?
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