Crowborough leasehold conveyancing Example Support Desk Enquiries
I am hoping to sign contracts shortly on a garden flat in Crowborough. Conveyancing solicitors inform me that they will have a report out to me within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Crowborough should include some of the following:
- You must be told what counts as a Nuisance in the lease
Estate agents have just been given the go-ahead to market my ground floor flat in Crowborough.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge invoice – what should I do?
It best that you 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 until 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 am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Crowborough. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Crowborough ?
The majority of houses in Crowborough are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Crowborough in which case you should be shopping around for a Crowborough conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your lawyer should advise you fully on all the issues.
I've recently bought a leasehold flat in Crowborough. Do I have any liability for service charges relating to a period prior to completion of my purchase?
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. 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 be sure 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 agency in Crowborough where we have experienced a number of leasehold sales derailed due to short leases. I have received contradictory information from local Crowborough conveyancing solicitors. Please can you confirm whether the vendor of a flat can commence the lease extension process for the buyer?
As long as 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. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
Alternatively, it may be possible 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.
Leasehold Conveyancing in Crowborough - A selection of Queries Prior to buying
Best to be warned if changing the roof or some other significant cost is due in the near future that will be shared between the leaseholders and may well materially increase the the service costs or require a specific invoice.
Most Crowborough leasehold apartments will incur a service charge for maintenance of the block set on behalf of the landlord. Where you buy the property you will have to pay this charge, normally quarterly accross the year. This can be anything from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all likelihood there will be a ground rent for you to pay yearly, this is usually not a significant sum, say about £25-£75 but you should to enquire as occasionally it could be many hundreds of pounds.
Who takes responsibility for maintaining and repairing the block?