I own a leasehold house in Fir Vale and Wadsley Bridge. Conveyancing and National Westminster Bank mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Fir Vale and Wadsley Bridge who previously acted has now retired.Any advice?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. You do not need to instruct a Fir Vale and Wadsley Bridge conveyancing practitioner to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am tempted by the attractive purchase price for a couple of maisonettes in Fir Vale and Wadsley Bridge both have in the region of forty five years left on the leases. Do I need to be concerned?

There are plenty of short leases in Fir Vale and Wadsley Bridge. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the value of the lease reduces and results in it becoming more expensive to acquire a lease extension. For this reason it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this arena

Last month I purchased a leasehold flat in Fir Vale and Wadsley Bridge. 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 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 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).

We expect to complete the sale of our £125000 maisonette in Fir Vale and Wadsley Bridge in just under a week. The management company has quoted £420 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Fir Vale and Wadsley Bridge?

Fir Vale and Wadsley Bridge conveyancing on leasehold maisonettes normally necessitates the buyer’s conveyancer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries the majority will be content to do so. They are entitled invoice a reasonable charge for answering questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge required by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, without which the invoice is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded should you wish to complete the sale of your home.

When it comes to leasehold conveyancing in Fir Vale and Wadsley Bridge what are the most common lease problems?

Leasehold conveyancing in Fir Vale and Wadsley Bridge is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain provisions are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Leeds Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.

Leasehold Conveyancing in Fir Vale and Wadsley Bridge - A selection of Questions you should consider Prior to Purchasing

If a Fir Vale and Wadsley Bridge lease has fewer than 80 years it will affect the marketability of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. A short lease means that you will probably need a lease extension sooner rather than later and you need to have some idea of how much this would cost. Remember, in most cases you would need to own the premises for a couple of years before you are legally able to extend the lease. How many of the leaseholders are in arrears for their maintenance charge payments? It is important to be aware if window replacement or some other significant cost is due in the foreseeable future to be shared by the leasehold owners and could well dramatically increase the the maintenance fees or necessitate a one time payment.

Other Topics

Lease Extensions in Fir Vale and Wadsley Bridge