Fixed-fee leasehold conveyancing in Heath:

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Examples of recent questions relating to leasehold conveyancing in Heath

I am on look out for some leasehold conveyancing in Heath. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Heath - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I've found a house that seems to meet my requirements, at a great price which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Heath. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

Most houses in Heath are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Heath in which case you should be shopping around for a Heath conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your solicitor should advise you fully on all the issues.

I own a leasehold flat in Heath. Conveyancing and Skipton Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Heath who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Heath conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Heath. Am I liable to pay service charges for periods before completion of my purchase?

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. Strange as it may seem, 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 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).

Do you have any advice for leasehold conveyancing in Heath with the intention of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Heath can be avoided if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the purchasers’ lawyers.
  • The majority freeholders or Management Companies in Heath levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Heath.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Heath state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such changes. Should you fail to have the approvals in place do not contact the landlord without contacting your lawyer in the first instance.
  • Some Heath leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 purchasers or their lawyers.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

  • Heath Leasehold Conveyancing - Sample of Queries Prior to buying

      How long is the Lease? The majority of Heath leasehold flats will be liable to pay a service bill for the upkeep of the block invoiced on behalf of the landlord. Where you acquire the property you will have to meet this contribution, normally periodically throughout the year. This can be anything from a few hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent for you to pay annual, ordinarily this is not a large amount, say approximately £50-£100 but you need to check it because on occasion it can be many hundreds of pounds. Its a good idea to discover as much as possible regarding the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to practical issues like the tidiness of the common parts. You should not be shy to ask other tenants whether they are happy with them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what it includes.

    Other Topics

    Lease Extensions in Heath