I have just appointed agents to market my 2 bed flat in Southfields.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should discharge 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. 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 Southfields. Conveyancing and Alliance & Leicester mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Southfields who acted for me is not around.Do I pay?

The first thing you should do is contact HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Southfields conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Southfields. Am I liable to pay service charges for periods before completion of my purchase?

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).

What advice can you give us when it comes to finding a Southfields conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Southfields conveyancing firm) 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 several firms including non Southfields conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• What volume of lease extensions has the firm carried out in Southfields in the last twenty four months?
• Can they put you in touch with client in Southfields who can give a testimonial?

Do you have any advice for leasehold conveyancing in Southfields with the aim of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Southfields can be reduced where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
• The majority freeholders or managing agents in Southfields levy fees for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Southfields.
• Some Southfields leases require Landlord’s consent to the sale and approval of the buyers. 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 bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
• If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to 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 will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as historic rather than unsettled.
• If you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Organising a duplicate share certificate is often a lengthy formality and frustrates many a Southfields conveyancing transaction. Where a new share certificate is required, do contact the company officers or managing agents (if relevant) for this as soon as possible.

I have tried to negotiate informally with with my landlord to extend my lease without any joy. Can one apply to the Leasehold Valuation Tribunal? Can you recommend a Southfields conveyancing firm to assist?

Absolutely. We can put you in touch with a Southfields conveyancing firm who can help.

An example of a Lease Extension case for a Southfields flat is 83 Balvernie Grove in February 2012. The Tribunal assessed the price to be paid by the leaseholder to the freeholder for the lease extension pursuant to section 48 of the Leasehold Reform Housing & Urban Development Act 1993 should be£16,603.00 This case affected 1 flat. The unexpired lease term was 69.32 years.

Southfields Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

It would be sensible to investigate if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being allowed in in a block in Southfields. If you love the flatin Southfields but your dog is not allowed to live with you then you will be faced difficult determination. It would be prudent to discover as much as possible about the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to practical issues like the cleanliness of the communal areas. Enquire of prospective neighbours if they are happy with them. Finally, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money.