Frequently asked questions relating to Selsdon leasehold conveyancing
I have just appointed agents to market my ground floor flat in Selsdon.Conveyancing has not commenced but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is 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 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 today plan to offer on a house that appears to meet my requirements, at a great figure which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in Selsdon. Conveyancing advisers have not yet been instructed. Will they explain the issues?
Most houses in Selsdon are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Selsdon in which case you should be looking for a Selsdon conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should appraise you on the various issues.
What are your top tips when it comes to choosing a Selsdon conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Selsdon conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Selsdon conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:
- If they are not ALEP accredited then what is the reason?
Can you provide any advice for leasehold conveyancing in Selsdon with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Selsdon can be reduced where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
- If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Selsdon state that internal structural changes or installing wooden flooring calls for a licence from the Landlord consenting to such changes. Should you fail to have the consents in place you should not communicate with the landlord without contacting your conveyancer in the first instance.
All being well we will complete our sale of a £450000 flat in Selsdon in six days. The managing agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Selsdon?
Selsdon conveyancing on leasehold apartments normally involves the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to do so. They may invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The management information fee demanded by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, without which the charge is technically not due. Reality however dictates that you have no option but to pay whatever is requested of you should you wish to complete the sale of your home.
Having spent years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Selsdon. Can we issue an application to the Residential Property Tribunal Service?
Where there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to calculate the price payable.
An example of a Freehold Enfranchisement decision for a Selsdon premises is The Woodlands 95 Purley Park Road in April 2009. The Tribunals own valuation produced the figure of £37,912. This case affected 6 flats. The the number of years remaining on the existing lease(s) was 78.32 years.