I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Hermitage. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Hermitage ?

Most houses in Hermitage are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Hermitage in which case you should be shopping around for a Hermitage conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will appraise you on the various issues.

I am attracted to a two maisonettes in Hermitage both have about 50 years left on the leases. should I be concerned?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease shortens the marketability of the lease deteriorate and results in it becoming more costly to extend the lease. For this reason it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena

What advice can you give us when it comes to finding a Hermitage conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Hermitage conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Hermitage conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• How experienced is the practice with lease extension legislation?

What are the legal fees for lease extension work?

Completion in due on our sale of a £450000 apartment in Hermitage next Thursday . The managing agents has quoted £420 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Hermitage?

For the majority of leasehold sales in Hermitage conveyancing will involve, questions about 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 Hermitage
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Hermitage leasehold premises is £350. For Hermitage 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.

What makes a Hermitage lease unmortgageable?

Leasehold conveyancing in Hermitage is not unique. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Bank of Scotland, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to withdraw.

Hermitage Leasehold Conveyancing - A selection of Queries Prior to buying

Please note if it is fewer than eighty years it will impact the salability of the property. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. A short lease means that you will probably have to extend the lease at some point and you need to have some idea of what this will be. Remember, in most cases you would be required to have been the owner of the premises for a couple of years before you are eligible to extend the lease. Please tell me if there are any major works anticipated that will likely add a premium to the service charges? The answer will be helpful as a) areas could cause problems in the block as the common areas may start to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have complete disclosure

Other Topics

Lease Extensions in Hermitage