Estate agents have just been given the go-ahead to market my garden flat in Hightown.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge invoice – Do I pay up?

The sensible thing to do is pay 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. Having a clear account will assist your cause and will leave you no worse off financially.

I've recently bought a leasehold property in Hightown. Do I have any liability for service charges relating to a period prior to completion of my purchase?

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. Strange as it may seem, 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).

Can you offer any advice when it comes to choosing a Hightown conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Hightown conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Hightown conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

• How experienced is the firm with lease extension legislation?

What are the charges for lease extension conveyancing?

Can you provide any top tips for leasehold conveyancing in Hightown with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Hightown can be bypassed where you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the purchasers’ lawyers.
• The majority landlords or Management Companies in Hightown charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Hightown.

If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Hightown leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the consents in place do not communicate with the landlord without contacting your conveyancer first.

Some Hightown leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 buyers or their solicitors.

If you have the benefit of shareholding in the freehold, you should ensure that you hold the original share certificate. Arranging a duplicate share certificate is often a time consuming formality and slows down many a Hightown conveyancing transaction. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this as soon as possible.

We expect to complete the disposal of our £300000 flat in Hightown in 10 days. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Hightown?

Hightown conveyancing on leasehold maisonettes nine out of ten times results in fees being invoiced by landlords agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Hightown
• 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 Hightown leasehold premises is £350. For Hightown 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 provide answers.

Hightown Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

How long is the Lease? Is the freehold reversion owned collectively by the tenants? Are there any major works on the horizon that could add a premium to the maintenance costs?

Other Topics

Lease Extensions in Hightown