Questions and Answers: Nantyglo leasehold conveyancing
I own a leasehold house in Nantyglo. Conveyancing and Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Nantyglo who acted for me is not around.Any advice?
First contact the Land Registry to be sure that this person is indeed the new freeholder. You do not need to instruct a Nantyglo conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am tempted by the attractive purchase price for a two flats in Nantyglo both have about 50 years left on the leases. Should I regard a short lease as a deal breaker?
A lease is a right to use the property for a prescribed time frame. As the lease shortens the value of the lease reduces and it becomes more expensive to acquire a lease extension. For this reason it is advisable to extend the lease term. It is often difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area
What advice can you give us when it comes to appointing a Nantyglo conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Nantyglo conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Nantyglo conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:
- If the firm is not ALEP accredited then why not?
- What are the costs for lease extension conveyancing?
Do you have any advice for leasehold conveyancing in Nantyglo with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Nantyglo can be avoided if you appoint lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ lawyers.
- Many freeholders or Management Companies in Nantyglo charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Nantyglo.
- If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Nantyglo state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord consenting to such changes. Where you fail to have the approvals in place do not contact the landlord without contacting your solicitor in advance.
- If you have had conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. 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 purchasers, but it is clearly preferable to present the dispute as historic as opposed to ongoing.
- If you are supposed to have a share in the Management Company, you should make sure that you have the original share certificate. Organising a replacement share certificate is often a lengthy formality and frustrates many a Nantyglo conveyancing transaction. If a new share is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £ 325000 maisonette in Nantyglo in six days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Nantyglo?
Nantyglo conveyancing on leasehold flats normally necessitates the buyer’s conveyancer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be content to assist. They are at liberty invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. Reality however dictates that one has no choice but to pay whatever is requested of you if you want to sell the property.
Leasehold Conveyancing in Nantyglo - Examples of Questions you should consider Prior to Purchasing
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Can you tell me if there are any major works anticipated that will add a premium to the service fees?