Leasehold Conveyancing in Fairford - Get a Quote from the leasehold experts approved by your lender

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Recently asked questions relating to Fairford leasehold conveyancing

Expecting to complete next month on a ground floor flat in Fairford. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?

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

  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • The physical extent of the property. This will be the flat itself but might incorporate a roof space or basement if applicable.
  • Setting out your rights in respect of common areas in the building.For example, does the lease contain a right of way over an accessway or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required For details of the information to be contained in your report on your leasehold property in Fairford please enquire of your solicitor in ahead of your conveyancing in Fairford

  • I have just started marketing my basement apartment in Fairford.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

    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 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 own a leasehold house in Fairford. Conveyancing and Coventry Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Fairford who previously acted has long since retired.Do I pay?

    First contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Fairford conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold property in Fairford. Am I liable to pay service charges for periods before completion of my purchase?

    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 provide any top tips for leasehold conveyancing in Fairford from the perspective of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Fairford can be bypassed where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Fairford state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Should you fail to have the paperwork in place do not communicate with the landlord without contacting your solicitor first.
  • A minority of Fairford leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 better to present the dispute as historic rather than unsettled.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Obtaining a duplicate share certificate is often a time consuming process and delays many a Fairford home move. Where a new share is necessary, do contact the company officers or managing agents (where applicable) for this sooner rather than later.

  • Fairford Leasehold Conveyancing - A selection of Queries before Purchasing

      Its a good idea to discover as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the tidiness of the common parts. Ask prospective neighbours what they think of their management. In conclusion, be sure you understand the dates that you are obliged pay the service charge to the relevant party and precisely what it includes. The prefered form of lease structure is a share of the freehold. In this scenario the lessees have control and although a managing agent is usually retained where it is bigger than a house conversion, the managing agent is directed by the tenants. How much is the maintenance charge and ground rent on the property?

    Other Topics

    Lease Extensions in Fairford