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Questions and Answers: Flint leasehold conveyancing

I am on look out for some leasehold conveyancing in Flint. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and almost all are in Flint - 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.

Expecting to sign contracts shortly on a leasehold property in Flint. Conveyancing lawyers inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Flint should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The physical extent of the premises. This will be the apartment itself but could also include a loft or cellar if appropriate.
  • You must be told what constitutes a Nuisance in the lease
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Flint please enquire of your conveyancer in ahead of your conveyancing in Flint

    • Can you offer any advice when it comes to appointing a Flint conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for your lease extension (regardless if they are a Flint conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Flint conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • What volume of lease extensions have they conducted in Flint in the last year?
  • Can they put you in touch with client in Flint who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Flint with the purpose of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Flint can be bypassed if you instruct lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information needed by the purchasers’ lawyers.
    • Many freeholders or Management Companies in Flint levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Flint.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Flint state that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such alterations. Should you dont have the paperwork to hand you should not communicate with the landlord without contacting your conveyancer first.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. 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 particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Arranging a new share certificate is often a time consuming process and delays many a Flint conveyancing deal. If a new share certificate is required, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • We expect to complete the disposal of our £450000 garden flat in Flint on Friday in a week. The landlords agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Flint?

    Flint conveyancing on leasehold apartments more often than not necessitates the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They may 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 £350, in some transactions it exceeds £800. The management information fee required by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, otherwise the invoice is not strictly payable. Reality however dictates that you have little option but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Flint Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

      The prefered form of lease arrangement is a share of the freehold. In this situation the lessees have being in charge if their destiny and even though a managing agent is often retained where the building is bigger than a house conversion, the managing agent employed by the leaseholders. It is important to be aware whether redecorating or some other major work is due shortly to be shared by the tenants and could well materially impact the level of the service charges or result in a one off invoice. Is the freehold reversion owned collectively by the leaseholders?

    Other Topics

    Lease Extensions in Flint