Experts for Leasehold Conveyancing in Hornsea

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Hornsea leasehold conveyancing: Q and A’s

I am hoping to exchange soon on a basement flat in Hornsea. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Hornsea should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The total extent of the property. This will be the flat itself but may include a loft or basement if appropriate.
  • Defining your rights in relation to the communal areas in the building.By way of example, does the lease provide for a right of way over an accessway or staircase?
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Hornsea please enquire of your solicitor in advance of your conveyancing in Hornsea

    • I have just started marketing my garden apartment in Hornsea.Conveyancing has not commenced but I have just had a half-yearly maintenance charge invoice – what should I do?

    Your conveyancing lawyer is likely to suggest that you should clear 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 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've recently bought a leasehold flat in Hornsea. 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).

    I work for a long established estate agent office in Hornsea where we have witnessed a few flat sales put at risk as a result of short leases. I have been given conflicting advice from local Hornsea conveyancing solicitors. Could you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    Can you provide any top tips for leasehold conveyancing in Hornsea with the aim of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Hornsea can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ solicitors.
    • Many landlords or Management Companies in Hornsea charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Hornsea.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Hornsea leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord approving such alterations. Where you fail to have the consents in place you should not contact the landlord without checking with your lawyer in the first instance.
  • Some Hornsea leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 solicitors.
  • If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Arranging a re-issued share certificate is often a lengthy formality and frustrates many a Hornsea home move. If a duplicate share certificate is necessary, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Hornsea - Sample of Queries before Purchasing

      Is the freehold owned collectively by the tenants? Does the lease have onerous restrictions? Does the lease have more than 90 years left?

    Other Topics

    Lease Extensions in Hornsea