I’m about to sell my basement flat in Eaglescliffe.Conveyancing has not commenced but I have just had a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

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 am attracted to a couple of maisonettes in Eaglescliffe both have about forty five years unexpired on the lease term. should I be concerned?

A lease is a right to use the premises for a period of time. As the lease shortens the saleability of the lease decreases and results in it becoming more expensive to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this arena

I am employed by a long established estate agency in Eaglescliffe where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Eaglescliffe conveyancing solicitors. Could you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 need not have to sit tight for 2 years for a lease extension. 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 extend the lease informally by agreement with the landlord 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 finding a Eaglescliffe conveyancing firm to deal with our lease extension?

When appointing a property lawyer for lease extension works (regardless if they are a Eaglescliffe conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Eaglescliffe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• If they are not ALEP accredited then why not?

We expect to complete our sale of a £475000 apartment in Eaglescliffe next Friday . The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Eaglescliffe?

Eaglescliffe conveyancing on leasehold maisonettes more often than not involves the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are entitled invoice a reasonable administration fee for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the invoice is technically not due. Reality however dictates that you have little choice but to pay whatever is demanded if you want to sell the property.

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

What is the name of the managing agents? This information is helpful as a) areas can cause problems for the block as the common areas may begin to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to have all the details How long is the Lease?

Other Topics

Lease Extensions in Eaglescliffe