I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Newbury. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Newbury ?

The majority of houses in Newbury are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Newbury so you should seriously consider shopping around for a Newbury conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.

I am tempted by the attractive purchase price for a couple of apartments in Newbury which have about 50 years unexpired on the leases. Do I need to be concerned?

A lease is a right to use the property for a period of time. As a lease gets shorter the value of the lease deteriorate and it becomes more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional help from a solicitor and surveyor with experience in this field

Last month I purchased a leasehold property in Newbury. 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 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 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).

Do you have any advice for leasehold conveyancing in Newbury with the purpose of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Newbury can be avoided if you appoint lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers lawyers.
• The majority freeholders or Management Companies in Newbury levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Newbury.

When it comes to leasehold conveyancing in Newbury what are the most frequent lease defects?

There is nothing unique about leasehold conveyancing in Newbury. All leases are unique and legal mistakes in the legal wording can result in certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Virgin Money, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

Newbury Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

Are any of leasehold owners in dispute over their service charge liability? Plenty Newbury leasehold apartments will incur a service charge for maintenance of the block levied on behalf of the management company. If you buy the flat you will have to pay this charge, normally quarterly during the year. This can be anything from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all likelihood there will be a ground rent to be met annual, normally this is not a exorbitant sum, say about £25-£75 but you should to check as on occasion it can be surprisingly expensive. The answer will be important as a) areas could cause problems for the block as the communal areas may start to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to know about it

Other Topics

Lease Extensions in Newbury