Fixed-fee leasehold conveyancing in High Peak:

Get a Quote

When it comes to leasehold conveyancing in High Peak, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, RBS or Nationwide be sure to choose a lawyer on their approved list. Feel free to use our search tool

High Peak leasehold conveyancing Example Support Desk Enquiries

Looking forward to complete next month on a garden flat in High Peak. Conveyancing lawyers assured me that they will have a report out to me next week. What should I be looking out for?

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

  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The total extent of the property. This will be the property itself but could also include a roof space or basement if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • You need to be told what counts as a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in High Peak please ask your solicitor in ahead of your conveyancing in High Peak

    • I today plan to offer on a house that seems to be perfect, at a reasonable price which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in High Peak. Conveyancing solicitors have are about to be appointed. Will they explain the issues?

    Most houses in High Peak are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in High Peak so you should seriously consider shopping around for a High Peak conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your solicitor should advise you fully on all the issues.

    I've recently bought a leasehold property in High Peak. Do I have any liability for service charges for periods before my ownership?

    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. 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).

    Do you have any top tips for leasehold conveyancing in High Peak from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in High Peak can be reduced if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? High Peak leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. If you dont have the consents in place do not contact the landlord without checking with your solicitor in the first instance.
  • A minority of High Peak leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. 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 prior to 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 over rather than unsettled.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share document. Arranging a replacement share certificate is often a lengthy formality and frustrates many a High Peak home move. Where a new share certificate is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • When it comes to leasehold conveyancing in High Peak what are the most frequent lease defects?

    There is nothing unique about leasehold conveyancing in High Peak. All leases is drafted differently and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • A duty to insure the building
    • 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 encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Leeds Building Society, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to withdraw.

    High Peak Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

      Best to be warned whether window replacement or some other major work is anticipated to be shared by the leaseholders and may well dramatically increase the the service charges or necessitate a specific invoice. How many of the leaseholders are in arrears for their maintenance charge payments? This information is useful as a) areas may cause problems for the block as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will want to know about it

    Other Topics

    Lease Extensions in High Peak