I am in need of some leasehold conveyancing in Forest of Dean. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Forest of Dean - 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 own a leasehold house in Forest of Dean. Conveyancing and National Westminster Bank mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Forest of Dean who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Forest of Dean conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Last month I purchased a leasehold flat in Forest of Dean. Am I liable to pay service charges for periods before 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).

Can you provide any top tips for leasehold conveyancing in Forest of Dean from the perspective of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Forest of Dean can be reduced where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers solicitors.
• The majority landlords or managing agents in Forest of Dean levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Forest of Dean.

If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the buyers, but it is better to present the dispute as over rather than ongoing.

If you are supposed to have a share in the freehold, you should ensure that you have the original share certificate. Arranging a duplicate share certificate is often a time consuming formality and delays many a Forest of Dean home move. Where a duplicate share is required, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.

You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete the sale of our £300000 flat in Forest of Dean in just under a week. The landlords agents has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Forest of Dean?

For the majority of leasehold sales in Forest of Dean conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Forest of Dean
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Forest of Dean leasehold property is £350. For Forest of Dean conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Forest of Dean Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

It is important to be aware whether changing the roof or some other major work is due shortly to be shared by the leasehold owners and could well materially impact the level of the service fees or require a specific invoice. Its a good idea to find out as much as you can concerning the managing agents as they can either make your life much simpler or uncomfortable. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the cleanliness of the common parts. Ask other people what they think of their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the appropriate party and specifically how they are spending that money. Are there any major works anticipated that will likely add a premium to the service costs?

Other Topics

Lease Extensions in Forest of Dean