I have just started marketing my 2 bed apartment in Launceston.Conveyancing has not commenced but I have just received a yearly maintenance charge demand – should I leave it to the buyer to sort out?

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 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. This will smooth the conveyancing process.

Back In 2005, I bought a leasehold house in Launceston. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Launceston who previously acted has now retired.Any advice?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to instruct a Launceston conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What are your top tips when it comes to choosing a Launceston conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Launceston conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Launceston conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• What volume of lease extensions have they conducted in Launceston in the last year?
• What are the legal fees for lease extension work?

Do you have any advice for leasehold conveyancing in Launceston with the purpose of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Launceston can be reduced where you instruct lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Launceston leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such changes. Where you fail to have the paperwork to hand do not communicate with the landlord without checking with your lawyer before hand.
• If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 better to present the dispute as over rather than ongoing.
• If you are supposed to have a share in the freehold, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate can be a time consuming formality and slows down many a Launceston conveyancing transaction. Where a duplicate share certificate is necessary, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but you should verify this by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. It is therefore important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

In relation to leasehold conveyancing in Launceston what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Launceston. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• 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 may have difficulties 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, The Mortgage Works, and Alliance & Leicester 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 is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Launceston Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

The best form of lease arrangement is a share of the freehold. In this scenario the leaseholders benefit from control and although a managing agent is frequently retained where the building is bigger than a house conversion, the managing agent is directed by the tenants. Does the lease include onerous restrictions? Its a good idea to discover as much as possible regarding the managing agents as they can either make living at the property much easier or uncomfortable. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to practical matters like the tidiness of the communal areas. You should not be shy to ask prospective neighbours if they are happy with their management. On a final note, find out the dates that you are obliged pay the service charge to the relevant party and precisely what it includes.