I have just started marketing my garden flat in Kingstanding.Conveyancing is yet to be initiated but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

It best that you 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 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 seems to tick a lot of boxes, at a great figure which is making it all the more appealing. I have just been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Kingstanding. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Kingstanding ?

Most houses in Kingstanding are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Kingstanding so you should seriously consider looking for a Kingstanding conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the estate where the house is part of an estate. Your lawyer will report to you on the legal implications.

Back In 2009, I bought a leasehold house in Kingstanding. Conveyancing and Halifax mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Kingstanding who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. You do not need to incur the fees of a Kingstanding conveyancing solicitor to do this as it can be done on-line for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Completion in due on our sale of a £125000 maisonette in Kingstanding in nine days. The landlords agents has quoted £360 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Kingstanding?

Kingstanding conveyancing on leasehold apartments more often than not involves the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions the majority will be willing to do so. They may charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some cases it is above £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, otherwise the charge is technically not due. Reality however dictates that one has little choice but to pay whatever is demanded if you want to sell the property.

What makes a Kingstanding lease problematic?

Leasehold conveyancing in Kingstanding is not unique. All leases are individual and drafting errors can result in certain sections are not included. 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 building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

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, The Royal Bank of Scotland, and Clydesdale 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 purchaser to withdraw.

Kingstanding Leasehold Conveyancing - Examples of Questions you should consider before buying

Is anyone aware of any major works in the planning that could increase the service charges? If a Kingstanding lease has no more than eighty years it will impact the salability of the property. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out how much this would cost. Remember, in most cases you will need to own the residence for two years in order to be entitled to carry out a lease extension. Who manages the building?

Other Topics

Lease Extensions in Kingstanding