Fixed-fee leasehold conveyancing in Ditchling:

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Common questions relating to Ditchling leasehold conveyancing

Due to complete next month on a garden flat in Ditchling. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Ditchling should include some of the following:

  • You should be sent a copy of the lease
  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • The total extent of the demise. This will be the apartment itself but may incorporate a loft or cellar if appropriate.
  • You must be told what constitutes a Nuisance in the lease
  • Repair and maintenance of the flat
  • Responsibility for repairing the window frames For a comprehensive list of information to be contained in your report on your leasehold property in Ditchling please ask your lawyer in ahead of your conveyancing in Ditchling

  • Back In 2009, I bought a leasehold house in Ditchling. Conveyancing and The Royal Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Ditchling who previously acted has now retired.Do I pay?

    First contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Ditchling conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I've recently bought a leasehold property in Ditchling. Am I liable to pay service charges for periods before my ownership?

    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. A critical element 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).

    Can you provide any advice for leasehold conveyancing in Ditchling with the aim of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Ditchling can be bypassed where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • Many landlords or Management Companies in Ditchling levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Ditchling.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 purchasers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share certificate. Organising a new share certificate is often a lengthy formality and frustrates many a Ditchling conveyancing transaction. Where a new share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is less than 80 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

  • Are there frequently found problems that you come across in leases for Ditchling properties?

    There is nothing unique about leasehold conveyancing in Ditchling. All leases are unique and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Royal Bank of Scotland, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

    Leasehold Conveyancing in Ditchling - Sample of Questions you should consider Prior to Purchasing

      How many of the leaseholders are in arrears for their service charge payments? Is anyone aware of any major works on the horizon that will likely add a premium to the service costs? Generally speaking the cost for major works are not included within service charges, albeit that some managing agents in Ditchling require leasehold owners to pay into a sinking fund created for the specific purpose of establishing a fund for larger works.

    Other Topics

    Lease Extensions in Ditchling