Expecting to sign contracts shortly on a basement flat in Gilberdyke. Conveyancing lawyers inform me that they will have a report out to me on Monday. What should I be looking out for?

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

• You should receive a copy of the lease

Setting out your rights in relation to common areas in the building.For example, does the lease permit a right of way over an accessway or staircase?

You must be told what counts as a Nuisance in the lease

Changes to the flat (alterations and additions)

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Gilberdyke please ask your lawyer in ahead of your conveyancing in Gilberdyke

My wife and I purchased a leasehold house in Gilberdyke. Conveyancing and Barclays mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Gilberdyke who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Gilberdyke conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any top tips for leasehold conveyancing in Gilberdyke with the purpose of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Gilberdyke can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information which will be required by the buyers representatives.
• Many landlords or Management Companies in Gilberdyke charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. 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 Gilberdyke.

If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Gilberdyke state that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such alterations. If you dont have the consents in place do not contact the landlord without contacting your conveyancer in advance.

If there is a history of conflict with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle 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 details of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to ongoing.

You believe that you know the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is under 80 years. It is therefore important at an as soon as possible 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.

All being well we will complete the disposal of our £150000 garden flat in Gilberdyke on Wednesday in a week. The managing agents has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Gilberdyke?

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

• Addressing conveyancing due diligence enquiries
• Where consent is required before sale in Gilberdyke
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Gilberdyke leasehold premises is £350. For Gilberdyke 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 supply answers.

When it comes to leasehold conveyancing in Gilberdyke what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in Gilberdyke. Most leases are unique and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Norwich and Peterborough Building Society, and TSB all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.

Gilberdyke Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

Can you tell me if there are any major works on the horizon that will add a premium to the service fees? You should want to find out as much as you can about the company managing the block as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical issues such as the upkeep of the communal areas. Don't be shy to ask other tenants whether they are happy with their service. In conclusion, find out the dates that you are obliged pay the service charge to the relevant party and precisely what it includes. Are any of leasehold owners in dispute over their service charge liability?

Other Topics

Lease Extensions in Gilberdyke