I am in need of some leasehold conveyancing in Highnam. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Highnam - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Highnam. Conveyancing advisers have not yet been instructed. Will they explain the issues?

The majority of houses in Highnam are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Highnam in which case you should be shopping around for a Highnam conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your solicitor will appraise you on the various issues.

I've recently bought a leasehold flat in Highnam. Am I liable to pay service charges for periods before completion of my purchase?

In a situation 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 top tips for leasehold conveyancing in Highnam from the perspective of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Highnam can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
• The majority freeholders or Management Companies in Highnam charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Highnam.

If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Highnam state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord approving such changes. Should you fail to have the paperwork to hand you should not contact the landlord without checking with your conveyancer in the first instance.

If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as over rather than unresolved.

If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a replacement share certificate is often a lengthy process and delays many a Highnam conveyancing deal. If a reissued share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

If all goes to plan we aim to complete our sale of a £350000 apartment in Highnam on Friday in a week. The freeholder has quoted £408 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Highnam?

Highnam conveyancing on leasehold flats typically necessitates fees being levied by freeholders :

• Addressing pre-contract enquiries
• Where consent is required before sale in Highnam
• Supplying insurance information
• 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 Highnam leasehold premises is £350. For Highnam 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 obliged to supply answers.

Highnam Leasehold Conveyancing - A selection of Queries Prior to Purchasing

How many of the leaseholders are in arrears for their maintenance charge payments? You will want to find out as much as possible regarding the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the upkeep of the communal areas. Enquire of prospective neighbours what they think of them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending the funds. Plenty Highnam leasehold flats will incur a service charge for the upkeep of the building set on behalf of the freeholder. If you purchase the flat you will have to meet this contribution, usually periodically accross the year. This could be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent to be met annual, normally this is not a exorbitant amount, say approximately £25-£75 but you need to check it because occasionally it can be many hundreds of pounds.

Other Topics

Lease Extensions in Highnam