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Henbury leasehold conveyancing: Q and A’s

Due to complete next month on a ground floor flat in Henbury. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Defining your rights in respect of common areas in the building.For instance, does the lease permit a right of way over a path or staircase?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Henbury please enquire of your conveyancer in advance of your conveyancing in Henbury

  • Estate agents have just been given the go-ahead to market my garden apartment in Henbury.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – what should I do?

    The sensible thing to do is clear 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 until 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 today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Henbury. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Henbury ?

    Most houses in Henbury are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Henbury so you should seriously consider shopping around for a Henbury conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the landlord’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will report to you on the legal implications.

    My wife and I purchased a leasehold house in Henbury. Conveyancing and The Mortgage Works mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Henbury who acted for me is not around.Any advice?

    First make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Henbury 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 freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    If all goes to plan we aim to complete the disposal of our £325000 maisonette in Henbury on Friday in a week. The management company has quoted £408 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Henbury?

    Henbury conveyancing on leasehold apartments usually results in fees being levied by landlords agents :

    • Completing pre-contract enquiries
    • Where consent is required before sale in Henbury
    • 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Henbury leasehold property is £350. For Henbury 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.

    Henbury Leasehold Conveyancing - Sample of Questions you should ask before buying

      Best to be warned if redecorating or some other significant cost is coming up to be shared amongst the tenants and may well materially impact the level of the maintenance fees or require a specific payment. How many of the leaseholders are in arrears for their maintenance charge payments? The prefered form of lease structure is a share of the freehold. In this situation the lessees have being in charge if their destiny and notwithstanding that a managing agent is often employed where it is bigger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Henbury