I am hoping to sign contracts shortly on a ground floor flat in Linton. Conveyancing solicitors assured me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Linton should include some of the following:

• The physical extent of the premises. This will be the apartment itself but could also include a loft or basement if applicable.

I’m about to sell my ground floor flat in Linton.Conveyancing is yet to be initiated but I have just received a quarterly 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 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.

My wife and I purchased a leasehold house in Linton. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Linton who acted for me is not around.Any advice?

First contact HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Linton conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agency in Linton where we have experienced a few leasehold sales put at risk due to short leases. I have been given contradictory information from local Linton conveyancing firms. Could you confirm whether the vendor of a flat can start the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

What are the common deficiencies that you encounter in leases for Linton properties?

Leasehold conveyancing in Linton is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are missing. 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.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Britannia all have express 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 problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

Linton Leasehold Conveyancing - Examples of Questions you should ask Prior to buying

The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the lessees have control and even though a managing agent is usually retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Best to be warned whether changing the roof or some other significant cost is coming up to be shared between the leaseholders and will dramatically increase the the service costs or result in a specific invoice. The answer will be important as a) areas may cause problems in the building as the communal areas may start to deteriorate if repairs remain unpaid b) if the leaseholders have an issue with the running of the building you will want to know about it

Other Topics

Lease Extensions in Linton