I am in need of some leasehold conveyancing in Montacute. Before diving in I require certainty as to the unexpired term of the lease.

If the lease is registered - and most are in Montacute - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I wish to let out my leasehold flat in Montacute. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Montacute do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I have just appointed agents to market my ground floor flat in Montacute.Conveyancing is yet to be initiated but I have just had a quarterly service charge invoice – 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. This will smooth the conveyancing process.

I am employed by a busy estate agency in Montacute where we have witnessed a few leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local Montacute conveyancing solicitors. Please can you clarify whether the owner of a flat can start the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £425000 maisonette in Montacute on Tuesday in a week. The management company has quoted £372 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Montacute?

Montacute conveyancing on leasehold maisonettes often necessitates the purchaser’s solicitor submitting enquiries for the landlord to answer. Although the landlord is not legally bound to answer these enquiries the majority will be content to do so. They may levy a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is in excess of £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. In reality you have no option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Montacute Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

Is anyone aware of any major works in the near future that could increase the maintenance costs? The best form of lease arrangement is a share of the freehold. In this arrangement the tenants have being in charge if their destiny and even though a managing agent is frequently employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Most Montacute leasehold apartments will be liable to pay a service bill for the upkeep of the block levied on behalf of the management company. If you purchase the apartment you will have to pay this liability, normally periodically accross the year. This could vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a rentcharge to be met annual, ordinarily this is not a large amount, say around £50-£100 but you should to check as sometimes it can be many hundreds of pounds.

Other Topics

Lease Extensions in Montacute