Frequently asked questions relating to Ellesmere Port leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Ellesmere Port. Before I get started I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and most are in Ellesmere Port - 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.
I have just started marketing my ground floor flat in Ellesmere Port.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should pay 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 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. This will smooth the conveyancing process.
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Ellesmere Port. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
The majority of houses in Ellesmere Port are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Ellesmere Port so you should seriously consider shopping around for a Ellesmere Port conveyancing practitioner and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor should report to you on the legal implications.
What advice can you give us when it comes to finding a Ellesmere Port conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Ellesmere Port conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Ellesmere Port conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:
- How many lease extensions have they carried out in Ellesmere Port in the last year?
What makes a Ellesmere Port lease problematic?
There is nothing unique about leasehold conveyancing in Ellesmere Port. Most leases are unique and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, Skipton Building Society, and Bank of Ireland 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 provide security, forcing the buyer to pull out.
Ellesmere Port Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
Who are the managing agents?
Are any of leasehold owners in dispute over their service charge liability?
Generally speaking the outlay for major works tend not to be included within service charges, albeit that there some managing agents in Ellesmere Port require tenants to contribute towards a reserve fund created for the specific intention of building a fund for major works.