Fixed-fee leasehold conveyancing in Little Burstead:

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Sample questions relating to Little Burstead leasehold conveyancing

There are only 72 years left on my flat in Little Burstead. I now wish to extend my lease but my freeholder is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases a specialist should be helpful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Little Burstead.

Due to exchange soon on a studio apartment in Little Burstead. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Little Burstead should include some of the following:

  • You should be sent a copy of the lease
  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of the 80 year mark
  • Whether the lease restricts you from renting out the flat, or working from home
  • You must be told what counts as a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Little Burstead please enquire of your lawyer in advance of your conveyancing in Little Burstead

    • I’m about to sell my basement flat in Little Burstead.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge invoice – what should I do?

    The sensible thing to do is pay 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. This will smooth the conveyancing process.

    I've recently bought a leasehold house in Little Burstead. Am I liable to pay service charges relating to a period prior to my ownership?

    In a situation 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. It is an essential part 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).

    Do you have any top tips for leasehold conveyancing in Little Burstead from the point of view of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Little Burstead can be avoided where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
    • Many freeholders or managing agents in Little Burstead levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Little Burstead.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Little Burstead leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such works. If you fail to have the approvals to hand you should not communicate with the landlord without checking with your lawyer first.
  • Some Little Burstead leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet the yearly 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 buyers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a replacement share certificate is often a lengthy formality and frustrates many a Little Burstead conveyancing deal. If a new share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Little Burstead - Examples of Queries Prior to buying

      In the main the outlay for major works tend not to be built into the maintenance charges, albeit that there some managing agents in Little Burstead ask leasehold owners to pay into a reserve fund and this is used to offset against major works. It is important to be aware whether window replacement or some other major work is coming up that will be shared between the leasehold owners and may well materially increase the the service charges or result in a specific payment. Make sure you discover if the the lease contains any onerous restrictions in the lease. For example it is very common in Little Burstead leases that pets are not permitted in certain buildings in Little Burstead. If you love the apartmentin Little Burstead however your dog is not allowed to live with you then you will be presented with a hard decision.

    Other Topics

    Lease Extensions in Little Burstead