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Questions and Answers: Killamarsh leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Killamarsh. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Killamarsh - 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.

Estate agents have just been given the go-ahead to market my basement flat in Killamarsh.Conveyancing is yet to be initiated but I have just received a yearly service charge demand – what should I do?

The sensible thing to do is discharge 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 managing agents will not acknowledge the buyer until 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 tick a lot of boxes, at a great figure which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Killamarsh. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in Killamarsh ?

Most houses in Killamarsh are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Killamarsh in which case you should be shopping around for a Killamarsh conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

I am employed by a reputable estate agent office in Killamarsh where we have experienced a number of leasehold sales put at risk due to short leases. I have received contradictory information from local Killamarsh conveyancing firms. Could you clarify whether the seller of a flat can commence the lease extension formalities for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is 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 Killamarsh with the purpose of expediting the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Killamarsh can be bypassed where you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
  • The majority freeholders or Management Companies in Killamarsh levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding 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 frustration in leasehold conveyancing in Killamarsh.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Killamarsh state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. If you fail to have the approvals in place do not contact the landlord without checking with your lawyer before hand.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a property where a dispute is ongoing. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Organising a re-issued share certificate can be a time consuming process and frustrates many a Killamarsh conveyancing transaction. If a reissued share is necessary, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Killamarsh - Sample of Queries before Purchasing

      Who are the managing agents? Best to be warned whether fixing the lift or some other major work is pending that will be shared between the leasehold owners and will materially increase the the maintenance charges or result in a specific payment. How many of the leaseholders are in arrears for their service charge payments?

    Other Topics

    Lease Extensions in Killamarsh