Estate agents have just been given the go-ahead to market my 2 bed apartment in Leamouth.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear 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 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.

Can you offer any advice when it comes to choosing a Leamouth conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Leamouth conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Leamouth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• If the firm is not ALEP accredited then why not?
• Can they put you in touch with client in Leamouth who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in Leamouth from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Leamouth can be bypassed where you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers lawyers.
• A minority of Leamouth leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, 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 should make it clear that the buyer is able to meet 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 buyers or their solicitors.
• If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle 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 are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over rather than unresolved.
• If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Arranging a duplicate share certificate can be a lengthy formality and slows down many a Leamouth conveyancing deal. If a reissued share is required, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but it would be advisable verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to where the lease term is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Completion in due on our sale of a £ 175000 maisonette in Leamouth next week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Leamouth?

Leamouth conveyancing on leasehold apartments often requires the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is not legally bound to address such questions most will be content to do so. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it is in excess of £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration charges, without which the invoice is not strictly payable. In reality one has little option but to pay whatever is demanded if you want to sell the property.

I own a a ground floor purpose built flat in Leamouth. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the premium payable for the purchase of the freehold?

Most certainly. We are happy to put you in touch with a Leamouth conveyancing firm who can help.

An example of a Lease Extension case for a Leamouth flat is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case affected 1 flat. The unexpired term was 69.77 years.

What are the common problems that you come across in leases for Leamouth properties?

Leasehold conveyancing in Leamouth is not unique. All leases are individual and drafting errors can result in certain clauses are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Barnsley Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.

Leasehold Conveyancing in Leamouth - Sample of Questions you should consider before buying

Is anyone aware of any major works on the horizon that will likely add a premium to the service costs? Many Leamouth leasehold properties will have a service charge for the upkeep of the building levied on behalf of the landlord. Should you purchase the flat you will have to meet this charge, usually in instalments accross the year. This could differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a significant sum, say about £50-£100 but you should to enquire it because on occasion it can be many hundreds of pounds. You should want to find out as much as you can regarding the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to daily issues like the tidiness of the common parts. You should not be afraid to ask prospective neighbours what they think of them. Finally, be sure you know the dates that the service charges are due to the managing agents and precisely what it includes.