Frequently asked questions relating to Farnham Royal leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Farnham Royal. Before diving in I require certainty as to the unexpired term of the lease.
If the lease is registered - and almost all are in Farnham Royal - then the leasehold title will always include the basic details 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.
Estate agents have just been given the go-ahead to market my ground floor flat in Farnham Royal.Conveyancing has not commenced but I have just had a yearly service charge invoice – what should I do?
The sensible thing to do is 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 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 hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Farnham Royal. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
Most houses in Farnham Royal are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Farnham Royal so you should seriously consider looking for a Farnham Royal conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.
I've recently bought a leasehold property in Farnham Royal. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous owner 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. 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 Farnham Royal conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Farnham Royal conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Farnham Royal conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- Can they put you in touch with client in Farnham Royal who can give a testimonial?
Farnham Royal Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
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You will want to find out as much as possible regarding the managing agents as they can either make your living at the property much easier or much more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily issues such as the upkeep of the common parts. Enquire of other people what they think of their management. In conclusion, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely how they are spending that money.
Does the lease contain onerous restrictions?
How many of the leaseholders are in arrears for their maintenance charge payments?
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