Expecting to complete next month on a ground floor flat in Cubitt Town. Conveyancing solicitors inform me that they report fully within the next couple of days. What should I be looking out for?

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

• The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
• The total extent of the property. This will be the apartment itself but could also incorporate a loft or basement if appropriate.
• Defining your rights in respect of the communal areas in the building.For instance, does the lease include a right of way over an accessway or hallways?
• Whether the lease restricts you from renting out the flat, or working from home
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• Repair and maintenance of the flat
• What options are open to you if a neighbour breach a clause of their lease?

I've found a house that appears to meet my requirements, at a great price which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Cubitt Town. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Cubitt Town ?

The majority of houses in Cubitt Town are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are buying in Cubitt Town so you should seriously consider shopping around for a Cubitt Town conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

My wife and I purchased a leasehold house in Cubitt Town. Conveyancing and Coventry Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Cubitt Town who acted for me is not around.Any advice?

First contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Cubitt Town conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two apartments in Cubitt Town which have in the region of 50 years remaining on the lease term. Will this present a problem?

A lease is a right to use the property for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more expensive to acquire a lease extension. For this reason it is generally wise to extend the lease term. More often than not it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold house in Cubitt Town. Do I have any liability for service charges relating to a period prior to completion of my purchase?

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. Strange as it may seem, 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).

Having spent years of negotiations we cannot agree with our landlord on how much the lease extension should cost for our flat in Cubitt Town. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

You certainly can. We are happy to put you in touch with a Cubitt Town conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Cubitt Town flat is 12, 14 & 16 Hull Close in May 2010. the Tribunal determined that the premium payable for the acquisition of the freehold to the subject premises was the sum of £18,300 This case affected 3 flats. The remaining number of years on the lease was 101.61 years.

Cubitt Town Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

Generally speaking the cost for major works are not incorporated into the maintenance charges, albeit that there some managing agents in Cubitt Town ask leasehold owners to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.