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Frequently asked questions relating to Hamworthy leasehold conveyancing

Due to sign contracts shortly on a studio apartment in Hamworthy. Conveyancing solicitors inform me that they are sending me a report 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 Hamworthy should include some of the following:

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Setting out your rights in relation to common areas in the building.For example, does the lease contain a right of way over an accessway or hallways?
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Hamworthy please enquire of your lawyer in ahead of your conveyancing in Hamworthy

    • I’m about to sell my basement flat in Hamworthy.Conveyancing lawyers have not yet been instructed but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should discharge 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. This will smooth the conveyancing process.

    I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Hamworthy. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Hamworthy ?

    Most houses in Hamworthy are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Hamworthy so you should seriously consider looking for a Hamworthy conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will appraise you on the various issues.

    I work for a reputable estate agent office in Hamworthy where we have witnessed a few flat sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Hamworthy conveyancing firms. Please can you shed some light as to whether the vendor of a flat can commence the lease extension process for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

    Can you provide any top tips for leasehold conveyancing in Hamworthy with the aim of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Hamworthy can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the buyers representatives.
    • The majority landlords or managing agents in Hamworthy charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Hamworthy.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Hamworthy leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you dont have the approvals to hand do not communicate with the landlord without checking with your lawyer before hand.
  • Some Hamworthy 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. Any bank reference will need to confirm that the buyers are 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Arranging a re-issued share certificate can be a time consuming process and delays many a Hamworthy home move. Where a duplicate share certificate is required, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • Leasehold Conveyancing in Hamworthy - Sample of Queries before buying

      How is the lease structured? Who takes responsibility for maintaining and repairing the building? The answer will be useful as a) areas may result in problems in the block as the communal areas may begin to deteriorate if services are not paid for b) if the tenants have a dispute with the running of the building you will need to have full disclosure

    Other Topics

    Lease Extensions in Hamworthy