Fixed-fee leasehold conveyancing in Lancaster:

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Lancaster, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Top Five Questions relating to Lancaster leasehold conveyancing

My wife and I purchased a leasehold house in Lancaster. Conveyancing and Aldermore 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 Lancaster who previously acted has long since retired.Do I pay?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Lancaster conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Lancaster. Do I have any liability for service charges relating to a period prior to completion of my purchase?

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. However, 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 provide any top tips for leasehold conveyancing in Lancaster from the point of view of saving time on the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Lancaster can be reduced if you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
  • The majority freeholders or Management Companies in Lancaster charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Lancaster.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Lancaster state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such works. If you dont have the paperwork to hand do not communicate with the landlord without contacting your conveyancer in advance.
  • Some Lancaster leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is 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 Management Company, you should ensure that you hold the original share document. Arranging a new share certificate can be a time consuming process and frustrates many a Lancaster home move. If a new share certificate is required, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • We expect to complete the sale of our £150000 apartment in Lancaster in just under a week. The freeholder has quoted £408 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Lancaster?

    Lancaster conveyancing on leasehold maisonettes normally involves the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries the majority will be content to do so. They are entitled charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, without which the invoice is technically not due. In reality you have little option but to pay whatever is requested of you if you want to sell the property.

    Are there common defects that you witness in leases for Lancaster properties?

    There is nothing unique about leasehold conveyancing in Lancaster. Most leases are unique and drafting errors can result in certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Norwich and Peterborough Building Society, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Leasehold Conveyancing in Lancaster - Sample of Queries before buying

      Is there a share of the freehold? Best to be warned if changing the roof or some other significant cost is anticipated that will be shared by the tenants and will dramatically impact the level of the maintenance charges or require a specific payment. The best form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this scenario the lessees enjoy control and even though a managing agent is often retained if the building is bigger than a house conversion, the managing agent retained by the leaseholders.

    Other Topics

    Lease Extensions in Lancaster