Recently asked questions relating to Mayfield leasehold conveyancing
I am hoping to complete next month on a studio apartment in Mayfield. Conveyancing solicitors assured me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Mayfield should include some of the following:
- Setting out your legal entitlements in respect of the communal areas in the building.For example, does the lease include a right of way over a path or staircase?
Estate agents have just been given the go-ahead to market my 2 bed flat in Mayfield.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should clear 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. Having a clear account will assist your cause and will leave you no worse off financially.
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Mayfield. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Mayfield ?
Most houses in Mayfield are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Mayfield in which case you should be looking for a Mayfield conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer will report to you on the legal implications.
Last month I purchased a leasehold flat in Mayfield. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
Can you provide any top tips for leasehold conveyancing in Mayfield from the point of view of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Mayfield can be reduced where you appoint lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers lawyers.
- The majority landlords or Management Companies in Mayfield levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Mayfield.
Mayfield Leasehold Conveyancing - Examples of Queries Prior to buying
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Best to be warned if redecorating 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 maintenance charges or necessitate a one off payment.
How much is the service charge and ground rent on the property?
Is there a share of the freehold?
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