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Questions and Answers: Eaglescliffe leasehold conveyancing

I am in need of some leasehold conveyancing in Eaglescliffe. Before I set the wheels in motion I require certainty as to the remaining lease term.

Assuming the lease is registered - and 99.9% are in Eaglescliffe - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My wife and I may need to sub-let our Eaglescliffe ground floor flat temporarily due to a new job. We used a Eaglescliffe conveyancing firm in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Eaglescliffe conveyancing lawyer is no longer around you can review your lease to check if it allows you to sublet the apartment. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or some other party prior to subletting. This means that you cannot sublet without prior permission. Such consent must not not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

I have just appointed agents to market my ground floor apartment in Eaglescliffe.Conveyancing has not commenced but I have just had a half-yearly service charge invoice – what should I do?

It best that you clear 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 management companies 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.

Last month I purchased a leasehold property in Eaglescliffe. Do I have any liability for 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. However, 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).

Do you have any advice for leasehold conveyancing in Eaglescliffe with the intention of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Eaglescliffe can be avoided where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
  • The majority freeholders or Management Companies in Eaglescliffe levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Eaglescliffe.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Eaglescliffe leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord approving such changes. Where you dont have the approvals in place you should not contact the landlord without contacting your lawyer in the first instance.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing.
  • You may think that you are aware of the number of years left on your lease but it would be wise to verify this via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Eaglescliffe Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

      The prefered form of lease arrangement is where the freehold reversion is owned by the leaseholders. In this arrangement the lessees have being in charge if their destiny and even though a managing agent is usually retained if it is larger than a house conversion, the managing agent retained by the leaseholders. Plenty Eaglescliffe leasehold apartments will have a service charge for maintenance of the block levied on behalf of the landlord. Where you purchase the apartment you will have to pay this liability, normally periodically during the year. This can vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a ground rent for you to pay yearly, ordinarily this is not a large figure, say about £50-£100 but you should to enquire it because sometimes it could be surprisingly expensive. How many years are left on the lease?

    Other Topics

    Lease Extensions in Eaglescliffe