I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Ilfracombe. Conveyancing advisers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Ilfracombe ?

The majority of houses in Ilfracombe are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Ilfracombe so you should seriously consider looking for a Ilfracombe conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will report to you on the legal implications.

I own a leasehold house in Ilfracombe. Conveyancing and Barclays Direct mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Ilfracombe who previously acted has now retired.Any advice?

The first thing you should do is contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Ilfracombe conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to finding a Ilfracombe conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Ilfracombe conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Ilfracombe conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• If the firm is not ALEP accredited then what is the reason?

Completion in due on the sale of our £175000 flat in Ilfracombe next week. The managing agents has quoted £324 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Ilfracombe?

Ilfracombe conveyancing on leasehold flats more often than not involves the buyer’s conveyancer sending enquiries for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be content to assist. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some transactions it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the invoice is not strictly payable. Reality however dictates that one has little choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

In relation to leasehold conveyancing in Ilfracombe what are the most common lease problems?

Leasehold conveyancing in Ilfracombe is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the premises
• 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. Accord Mortgages Ltd, The Mortgage Works, and Aldermore 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 does not cover certain provisions they may refuse to provide security, obliging the buyer to withdraw.

Ilfracombe Leasehold Conveyancing - Examples of Queries before buying

It is important to be aware if fixing the lift or some other major work is coming up that will be shared by the leasehold owners and could well dramatically increase the the maintenance costs or require a specific invoice. Generally speaking the outlay for major works are not built into the maintenance charges, albeit that some managing agents in Ilfracombe obliged tenants to contribute towards a reserve fund and this is used to offset against major works. Most Ilfracombe leasehold properties will be liable to pay a service bill for maintenance of the building invoiced by the landlord. Should you acquire the apartment you will have to meet this contribution, normally in instalments during the year. This can be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a rentcharge to be met yearly, this is usually not a large sum, say approximately £25-£75 but you should to enquire as sometimes it can be surprisingly expensive.

Other Topics

Lease Extensions in Ilfracombe