Leasehold Conveyancing in Hurst Green - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Hurst Green, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Halifax, RBS or Nationwide be sure to find a lawyer on their panel. Find a Hurst Green conveyancing lawyer with our search tool

Sample questions relating to Hurst Green leasehold conveyancing

I have just appointed agents to market my ground floor flat in Hurst Green.Conveyancing is yet to be initiated but I have just had a quarterly service charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should 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 am hoping to put an offer on a small detached house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Hurst Green. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Hurst Green ?

The majority of houses in Hurst Green are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Hurst Green in which case you should be shopping around for a Hurst Green conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.

I've recently bought a leasehold property in Hurst Green. Am I liable to pay 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 lessee 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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 Hurst Green with the aim of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Hurst Green can be bypassed where you instruct lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
  • Many landlords or managing agents in Hurst Green 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 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 Hurst Green.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Hurst Green leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such works. Should you fail to have the paperwork in place you should not contact the landlord without contacting your lawyer in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property 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 the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to unresolved.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Organising a duplicate share certificate can be a lengthy formality and slows down many a Hurst Green conveyancing transaction. Where a reissued share certificate is required, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.

    • What are the frequently found deficiencies that you see in leases for Hurst Green properties?

    Leasehold conveyancing in Hurst Green is not unique. All leases are unique and legal mistakes in the legal wording can result in certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the property
    • Insurance obligations
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Barnsley Building Society, and Nottingham Building Society 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 withdraw.

    Hurst Green Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing

      It would be prudent to investigate if the the lease includes any onerous restrictions in the lease. For instance it is fairly common in Hurst Green leases that pets are not allowed in certain buildings in Hurst Green. If you love the apartmentin Hurst Green yet your dog is not allowed to move with you then you will be presented with a difficult choice. In the main the outlay for major works tend not to be included within service charges, although some managing agents in Hurst Green require leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Hurst Green