I have just started marketing my ground floor apartment in Haywards Heath.Conveyancing is yet to be initiated but I have just received a quarterly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the service charge 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold flat in Haywards Heath. Am I liable to pay service charges relating to a period prior to 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. Strange as it may seem, 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 choosing a Haywards Heath conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Haywards Heath conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Haywards Heath conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?

What are the legal fees for lease extension work?

Do you have any top tips for leasehold conveyancing in Haywards Heath from the perspective of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Haywards Heath can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold information which will be required by the purchasers’ representatives.
• The majority landlords or managing agents in Haywards Heath charge for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Haywards Heath.

If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 clearly preferable to present the dispute as historic rather than unsettled.

If you are supposed to have a share in the freehold, you should make sure that you hold the original share certificate. Obtaining a new share certificate can be a lengthy process and frustrates many a Haywards Heath home move. Where a reissued share certificate is necessary, do contact the company officers or managing agents (if relevant) for this as soon as possible.

You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is essential 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 property on the market for sale.

All being well we will complete the disposal of our £400000 apartment in Haywards Heath in just under a week. The freeholder has quoted £396 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Haywards Heath?

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

• Completing pre-contract enquiries
• Where consent is required before sale in Haywards Heath
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Haywards Heath leasehold property is £350. For Haywards Heath 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 obliged to provide answers.

Haywards Heath Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Is the freehold owned collectively by the leaseholders? Please note that where the lease has fewer than eighty years it will have adverse implications on the salability of the property. Check with your bank that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease at some point and it is worth finding out how much this would cost. For most Haywards Heathlease extensions you will need to own the premises for a couple of years in order to be entitled to carry out a lease extension. How many years remain on the lease?

Other Topics

Lease Extensions in Haywards Heath