Estate agents have just been given the go-ahead to market my ground floor apartment in High Peak.Conveyancing solicitors are to be appointed soon but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you discharge the service charge 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 unless 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in High Peak. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in High Peak ?

The majority of houses in High Peak are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in High Peak so you should seriously consider looking for a High Peak conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’spermission to conduct alterations. You may also be required to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your lawyer should report to you on the legal implications.

Last month I purchased a leasehold flat in High Peak. Am I liable to pay service charges for periods before completion of my purchase?

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. A critical element 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 advice for leasehold conveyancing in High Peak from the perspective of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in High Peak can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers solicitors.
• The majority landlords or Management Companies in High Peak charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in High Peak.

What are the common problems that you see in leases for High Peak properties?

Leasehold conveyancing in High Peak is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, The Mortgage Works, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

Leasehold Conveyancing in High Peak - A selection of Queries Prior to buying

Its a good idea to find out as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the upkeep of the common parts. Ask other people what they think of them. In conclusion, find out the dates that the maintenance charges are due to the managing agents and precisely how they are spending the funds. Does the lease have onerous restrictions? Many High Peak leasehold properties will have a service bill for the upkeep of the building set by the freeholder. If you buy the apartment you will have to pay this liability, normally quarterly during the year. This can differ from several hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all probability there will be a ground rent to be met annual, ordinarily this is not a significant amount, say about £50-£100 but you need to enquire as on occasion it could be prohibitively expensive.

Other Topics

Lease Extensions in High Peak