Due to exchange soon on a garden flat in Heanor. Conveyancing solicitors assured me that they will have a report out to me next week. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of the 80 year mark

The physical extent of the demise. This will be the property itself but could also incorporate a roof space or basement if applicable.

Setting out your legal entitlements in respect of the communal areas in the block.For example, does the lease provide for a right of way over a path or staircase?

Does the lease prohibit wood flooring?

Will you be prohibited or prevented from having pets in the property?

Does the lease prevent you from renting out the flat, or working from home

Changes to the flat (alterations and additions) For details of the information to be contained in your report on your leasehold property in Heanor please ask your solicitor in ahead of your conveyancing in Heanor

I've recently bought a leasehold house in Heanor. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee 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. It is an essential part 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).

I am employed by a reputable estate agent office in Heanor where we have witnessed a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Heanor conveyancing solicitors. Please can you confirm whether the seller of a flat can instigate the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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 buyer.

Can you offer any advice when it comes to appointing a Heanor conveyancing practice to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Heanor conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Heanor conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How experienced is the practice with lease extension legislation?

If they are not ALEP accredited then what is the reason?

If all goes to plan we aim to complete the disposal of our £425000 garden flat in Heanor on Tuesday in a week. The landlords agents has quoted £324 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Heanor?

Heanor conveyancing on leasehold flats typically results in administration charges invoiced by management companies :

• Answering pre-exchange enquiries
• Where consent is required before sale in Heanor
• Supplying insurance information
• 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 Heanor leasehold premises is £350. For Heanor 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.

I inherited a 1st floor flat in Heanor, conveyancing formalities finalised in 1999. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Heanor with an extended lease are worth £205,000. The ground rent is £45 charged once a year. The lease ceases on 21st October 2093

With 67 years unexpired the likely cost is going to range between £13,300 and £15,400 as well as professional fees.

The figure that we have given is a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Heanor