Fixed-fee leasehold conveyancing in Mossley:

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Mossley, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: Mossley leasehold conveyancing

I am on look out for some leasehold conveyancing in Mossley. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Mossley - then the leasehold title will always include the short particulars 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.

My wife and I purchased a leasehold flat in Mossley. Conveyancing and Santander mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Mossley who acted for me is not around.What should I do?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Mossley conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

If you are instructing a solicitor for lease extension works (regardless if they are a Mossley conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Mossley conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • How many lease extensions has the firm completed in Mossley in the last year?
  • What are the charges for lease extension work?

    • Can you provide any advice for leasehold conveyancing in Mossley from the perspective of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in Mossley can be reduced if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
    • The majority landlords or Management Companies in Mossley levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Mossley.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Mossley state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such works. Where you dont have the paperwork in place do not communicate with the landlord without contacting your solicitor first.
  • A minority of Mossley leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current dispute. You will have to accept that you will have to discharge 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic rather than unsettled.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 apartment in Mossley on Friday in a week. The management company has quoted £420 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Mossley?

    Mossley conveyancing on leasehold apartments often necessitates the buyer’s solicitor sending enquiries for the landlord to answer. Although the landlord is not legally bound to answer these enquiries most will be content to do so. They are at liberty invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it exceeds £800. The management information fee demanded by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the charge is technically not due. Reality however dictates that one has little choice but to pay whatever is requested of you should you wish to sell the property.

    Mossley Leasehold Conveyancing - Sample of Queries Prior to Purchasing

      Does the lease have more than 90 years unexpired? Many Mossley leasehold apartments will incur a service charge for maintenance of the building set by the landlord. If you acquire the apartment you will have to pay this charge, normally periodically throughout the year. This can be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent to be met yearly, normally this is not a exorbitant figure, say around £25-£75 but you should to enquire as occasionally it can be surprisingly expensive. The answer will be important as a) areas may result in problems in the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the managing agents you will need to have all the details

    Other Topics

    Lease Extensions in Mossley