Estate agents have just been given the go-ahead to market my garden apartment in Richmond.Conveyancing has not commenced but I have just had a half-yearly maintenance charge invoice – what should I do?

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 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. 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 Richmond. Conveyancing and Lloyds TSB Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Richmond who acted for me is not around.Any advice?

First contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Richmond conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two maisonettes in Richmond which have about 50 years remaining on the leases. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. For this reason it is advisable to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We advise that you get professional help from a solicitor and surveyor with experience in this field

Can you offer any advice when it comes to choosing a Richmond conveyancing firm to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Richmond conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non Richmond conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• If the firm is not ALEP accredited then why not?
• What volume of lease extensions have they carried out in Richmond in the last twenty four months?

Do you have any top tips for leasehold conveyancing in Richmond with the intention of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Richmond can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers lawyers.
• The majority freeholders or managing agents in Richmond levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Richmond.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Richmond leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such works. If you dont have the approvals to hand you should not contact the landlord without contacting your solicitor in the first instance.
• If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers 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 settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
• If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate can be a lengthy formality and delays many a Richmond conveyancing deal. Where a duplicate share is necessary, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

Leasehold Conveyancing in Richmond - Sample of Questions you should consider Prior to Purchasing

Best to be warned if a new roof is being put on or some other major work is due in the foreseeable future to be shared amongst the leasehold owners and will dramatically impact the level of the service charges or require a specific payment. How much is the service charge and ground rent on the flat?