Fixed-fee leasehold conveyancing in Flint:

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Top Five Questions relating to Flint leasehold conveyancing

I am intending to let out my leasehold flat in Flint. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Even though your last Flint conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain permission from your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I have just started marketing my basement flat in Flint.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – 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 management companies 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've found a house that appears to tick a lot of boxes, at a great price 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 issues purchasing a leasehold house in Flint. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

The majority of houses in Flint are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Flint in which case you should be looking for a Flint conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will 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. 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).

Can you provide any top tips for leasehold conveyancing in Flint from the point of view of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Flint can be bypassed if you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
  • Many freeholders or managing agents in Flint charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Flint.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Flint leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such changes. Where you fail to have the approvals in place you should not communicate with the landlord without checking with your solicitor before hand.
  • Some Flint leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved.

    • Leasehold Conveyancing in Flint - Sample of Queries Prior to Purchasing

      Its a good idea to find out as much as you can concerning the managing agents as they will either make your life much simpler or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to every day issues like the upkeep of the communal areas. Ask prospective neighbours if they are happy with them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely what it includes. Make sure you find out if there is anything that is prohibited in the lease. By way of example it is reasonably common in Flint leases that pets are not allowed in in a block in Flint. If you like the flatin Flint yet your cat is not allowed to make the move with you then you have a very difficult compromise. Many Flint leasehold properties will have a service bill for maintenance of the building levied by the landlord. If you buy the flat you will have to meet this amount, normally quarterly throughout the year. This can be anything from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay yearly, normally this is not a large amount, say approximately £25-£75 but you should to enquire as occasionally it could be prohibitively expensive.

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