Planning to exchange soon on a garden flat in Dorchester. Conveyancing lawyers assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

• Defining your rights in respect of the communal areas in the building.By way of example, does the lease permit a right of way over a path or staircase?

I have just appointed agents to market my basement flat in Dorchester.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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. This will smooth the conveyancing process.

Last month I purchased a leasehold flat in Dorchester. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee 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 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).

Can you offer any advice when it comes to appointing a Dorchester conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Dorchester conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Dorchester conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How many lease extensions have they completed in Dorchester in the last twenty four months?

What are the frequently found defects that you encounter in leases for Dorchester properties?

Leasehold conveyancing in Dorchester is not unique. All leases are unique and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts 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 can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Bank of Scotland, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to pull out.

Dorchester Leasehold Conveyancing - Examples of Queries Prior to buying

The majority of Dorchester leasehold properties will incur a service charge for the upkeep of the block invoiced by the freeholder. If you purchase the flat you will have to meet this charge, usually quarterly throughout the year. This may differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent to be met yearly, this is usually not a significant amount, say approximately £50-£100 but you need to enquire it because on occasion it can be many hundreds of pounds. Does the lease include onerous restrictions? It is important to be aware if a new roof is being installed or some other significant cost is due shortly that will be shared amongst the tenants and will materially impact the level of the service fees or require a one time invoice.

Other Topics

Lease Extensions in Dorchester