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Questions and Answers: Lynmouth leasehold conveyancing

Planning to sign contracts shortly on a garden flat in Lynmouth. Conveyancing lawyers have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

  • The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • Does the lease prohibit wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Whether your lease has a provision for a sinking fund?
  • Changes to the flat (alterations and additions)
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Lynmouth please enquire of your lawyer in advance of your conveyancing in Lynmouth

  • Estate agents have just been given the go-ahead to market my garden flat in Lynmouth.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?

    It best that you pay 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 unless 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 own a leasehold house in Lynmouth. Conveyancing and Godiva Mortgages Ltd mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Lynmouth who acted for me is not around.Do I pay?

    First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Lynmouth conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold house in Lynmouth. Do I have any liability for service charges relating to a period prior to 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).

    Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £175000 flat in Lynmouth in seven days. The freeholder has quoted £348 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Lynmouth?

    Lynmouth conveyancing on leasehold apartments typically necessitates administration charges levied by freeholders :

    • Completing pre-exchange enquiries
    • Where consent is required before sale in Lynmouth
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Lynmouth leasehold property is £350. For Lynmouth conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

    Leasehold Conveyancing in Lynmouth - Sample of Queries Prior to buying

      This information is important as a) areas can result in problems for the building as the common areas may start to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have all the details How many years remain on the lease? It is important to be aware whether fixing the lift or some other major work is pending that will be shared amongst the leaseholders and will dramatically increase the the maintenance costs or necessitate a specific invoice.

    Other Topics

    Lease Extensions in Lynmouth