Questions and Answers: Highnam leasehold conveyancing
Due to sign contracts shortly on a garden flat in Highnam. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Highnam 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
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
- The total extent of the property. This will be the apartment itself but could also include a loft or cellar if appropriate.
- Will you be prohibited or prevented from having pets in the property?
- You must be told what constitutes a Nuisance in the lease
- Ground rent - how much and when you need to pay, and also know whether this is subject to change
- What options are open to you if a neighbour is in violation of a provision in their lease?
I’m about to sell my ground floor flat in Highnam.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge invoice – should I leave it to the buyer to sort out?
It best that you pay 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 managing agents 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.
Can you offer any advice when it comes to choosing a Highnam conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a solicitor for your lease extension (regardless if they are a Highnam conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Highnam conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:
- How experienced is the firm with lease extension legislation?
- If the firm is not ALEP accredited then why not?
Do you have any advice for leasehold conveyancing in Highnam from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Highnam can be reduced where you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
- Many landlords or managing agents in Highnam charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Highnam.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Highnam leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord approving such alterations. Should you fail to have the approvals to hand do not contact the landlord without checking with your solicitor in the first instance.
- If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Obtaining a duplicate share certificate can be a time consuming formality and frustrates many a Highnam home move. If a reissued share certificate is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.
- You believe that you know the number of years remaining on your lease but you should double-check via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.
What are the frequently found problems that you witness in leases for Highnam properties?
There is nothing unique about leasehold conveyancing in Highnam. Most leases is drafted differently and drafting errors can sometimes mean that certain clauses are not included. 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
- 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 could 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. Birmingham Midshires, Chelsea Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.
I inherited a garden flat in Highnam, conveyancing was carried out in 2006. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Highnam with over 90 years remaining are worth £210,000. The ground rent is £65 yearly. The lease terminates on 21st October 2103
You have 77 years unexpired the likely cost is going to span between £8,600 and £9,800 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information before getting professional advice.