Flint leasehold conveyancing: Q and A’s
I am on look out for some leasehold conveyancing in Flint. Before diving in I would like to find out the remaining lease term.
If the lease is registered - and almost all are in Flint - 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've found a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Flint. Conveyancing solicitors have not yet been appointed. Will they explain the issues?
Most houses in Flint are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Flint in which case you should be looking for a Flint conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should advise you fully on all the issues.
Last month I purchased a leasehold house in Flint. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation 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. A critical element 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).
What advice can you give us when it comes to choosing a Flint conveyancing firm to deal with our lease extension?
When appointing a solicitor for your lease extension (regardless if they are a Flint conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Flint conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- How experienced is the firm with lease extension legislation?
Are there common defects that you come across in leases for Flint properties?
Leasehold conveyancing in Flint is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are erroneous. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the property
- Insurance obligations
- 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 problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Coventry Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Flint Leasehold Conveyancing - Examples of Questions you should consider before buying
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The majority of Flint leasehold flats will have a service charge for maintenance of the block invoiced on behalf of the landlord. Should you buy the flat you will have to meet this liability, normally periodically during the year. This could differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a rentcharge to be met yearly, normally this is not a significant amount, say about £25-£75 but you should to enquire as on occasion it could be prohibitively expensive.
Who are the managing agents?
Is anyone aware of any major works in the near future that will likely increase the maintenance costs?
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