Flitwick leasehold conveyancing: Q and A’s
Having had my offer accepted I require leasehold conveyancing in Flitwick. Before I set the wheels in motion I require certainty as to the remaining lease term.
If the lease is recorded at the land registry - and most are in Flitwick - 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’m about to sell my ground floor flat in Flitwick.Conveyancing is yet to be initiated but I have just received a half-yearly service charge demand – what should I do?
It best that you 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 until 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 recently bought a leasehold house in Flitwick. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee 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 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).
What are your top tips when it comes to appointing a Flitwick conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Flitwick conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Flitwick conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- How familiar is the firm with lease extension legislation?
- What are the charges for lease extension work?
Do you have any advice for leasehold conveyancing in Flitwick from the perspective of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Flitwick can be avoided where you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers lawyers.
- Many freeholders or Management Companies in Flitwick charge for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Flitwick.
- If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Flitwick state that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Should you fail to have the approvals to hand do not communicate with the landlord without checking with your solicitor first.
- Some Flitwick leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
- You may think that you are aware of the number of years left on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
Flitwick Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
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It is important to be aware if window replacement or some other significant cost is due in the near future to be shared between the leasehold owners and may well dramatically increase the the maintenance charges or necessitate a specific invoice.
The majority of Flitwick leasehold properties will incur a service charge for the upkeep of the block invoiced on behalf of the landlord. If you acquire the apartment you will have to pay this amount, usually in instalments during the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent to be met yearly, normally this is not a exorbitant amount, say about £50-£100 but you should to check it because occasionally it can be many hundreds of pounds.