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Recently asked questions relating to Hartlepool leasehold conveyancing

I am hoping to sign contracts shortly on a garden flat in Hartlepool. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Hartlepool should include some of the following:

  • 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
  • Defining your legal entitlements in relation to the communal areas in the building.For instance, does the lease grant a right of way over an accessway or staircase?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • You should have a good understanding of the insurance provisions
  • 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 For details of the information to be included in your report on your leasehold property in Hartlepool please ask your lawyer in advance of your conveyancing in Hartlepool

    • What advice can you give us when it comes to finding a Hartlepool conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for your lease extension (regardless if they are a Hartlepool conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Hartlepool conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • If they are not ALEP accredited then what is the reason?
  • What are the costs for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Hartlepool with the aim of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Hartlepool can be bypassed if you get in touch lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
    • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Hartlepool leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. Should you dont have the consents in place do not contact the landlord without checking with your lawyer first.
  • A minority of Hartlepool leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The 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 solicitors.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unresolved. You will have to accept that you will have to discharge 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 details of the dispute to the buyers, but it is better to present the dispute as over rather than ongoing.
  • You may think that you are aware of the number of years remaining on your lease but you should double-check via your conveyancers. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Completion in due on the disposal of our £150000 apartment in Hartlepool in just under a week. The managing agents has quoted £336 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Hartlepool?

    Hartlepool conveyancing on leasehold maisonettes often necessitates the purchaser’s lawyer sending questions for the landlord to address. Although the landlord is not legally bound to respond to such questions the majority will be willing to do so. They are at liberty invoice a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some cases it exceeds £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, otherwise the charge is technically not due. In reality you have no choice but to pay whatever is requested of you if you want to complete the sale of your home.

    What are the frequently found defects that you see in leases for Hartlepool properties?

    Leasehold conveyancing in Hartlepool is not unique. All leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the property
    • 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 will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Virgin Money, and Britannia all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    I own a 1 bedroom flat in Hartlepool, conveyancing having been completed in 2012. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Hartlepool with over 90 years remaining are worth £255,000. The average or mid-range amount of ground rent is £50 yearly. The lease finishes on 21st October 2084

    With only 63 years left to run we estimate the premium for your lease extension to range between £17,100 and £19,800 plus legals.

    The suggested premium range above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure without more detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Hartlepool