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

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 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. This will smooth the conveyancing process.

I've recently bought a leasehold property in Kirkby Lonsdale. Am I liable to pay service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

I am a negotiator for a reputable estate agent office in Kirkby Lonsdale where we have witnessed a few flat sales jeopardised as a result of short leases. I have been given contradictory information from local Kirkby Lonsdale conveyancing solicitors. Can you clarify whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, 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 advice for leasehold conveyancing in Kirkby Lonsdale from the perspective of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Kirkby Lonsdale can be bypassed where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
• The majority freeholders or Management Companies in Kirkby Lonsdale levy fees for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Kirkby Lonsdale.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Kirkby Lonsdale state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. Should you dont have the paperwork to hand you should not communicate with the landlord without contacting your conveyancer before hand.
• Some Kirkby Lonsdale leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Organising a replacement share certificate is often a lengthy formality and delays many a Kirkby Lonsdale conveyancing transaction. Where a new share certificate is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.

Completion in due on the sale of our £ 425000 garden flat in Kirkby Lonsdale in just under a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Kirkby Lonsdale?

Kirkby Lonsdale conveyancing on leasehold flats ordinarily results in administration charges levied by freeholders :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Kirkby Lonsdale
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Kirkby Lonsdale leasehold property is £350. For Kirkby Lonsdale conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

I own a split level flat in Kirkby Lonsdale, conveyancing was carried out in 1995. Can you work out an approximate cost of a lease extension? Similar flats in Kirkby Lonsdale with over 90 years remaining are worth £213,000. The ground rent is £65 levied per year. The lease ceases on 21st October 2095

With only 69 years left to run we estimate the price of your lease extension to range between £13,300 and £15,400 plus legals.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.