Recently asked questions relating to Kineton leasehold conveyancing
Estate agents have just been given the go-ahead to market my 2 bed apartment in Kineton.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – what should I do?
It best that you discharge 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 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 today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Kineton. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Kineton ?
Most houses in Kineton are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Kineton so you should seriously consider shopping around for a Kineton conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.
I've recently bought a leasehold flat in Kineton. Am I liable to pay service charges for periods before my ownership?
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. A critical element 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).
Can you offer any advice when it comes to appointing a Kineton conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Kineton conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Kineton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How experienced is the practice with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Kineton with the purpose of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Kineton can be reduced where you instruct lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers representatives.
- If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Kineton leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Should you fail to have the consents to hand do not contact the landlord without checking with your solicitor in advance.
Kineton Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing
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The majority of Kineton leasehold apartments will have a service bill for maintenance of the building levied on behalf of the freeholder. Should you purchase the apartment you will have to pay this charge, usually quarterly throughout the year. This can be anything from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay yearly, normally this is not a large sum, say about £25-£75 but you need to check as sometimes it could be surprisingly expensive.
Does the lease contain onerous restrictions?
Be sure to find out if the the lease contains any unreasonable restrictions in the lease. For example it is very common in Kineton leases that pets are not permitted in certain buildings in Kineton. If you like the flatin Kineton yet your cat can’t move with you then you will be faced difficult choice.
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