Questions and Answers: Newton Aycliffe leasehold conveyancing
I have just started marketing my 2 bed flat in Newton Aycliffe.Conveyancing has not commenced but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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.
Back In 2005, I bought a leasehold flat in Newton Aycliffe. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Newton Aycliffe who acted for me is not around.Do I pay?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Newton Aycliffe conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to appointing a Newton Aycliffe conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a conveyancer for lease extension works (regardless if they are a Newton Aycliffe conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Newton Aycliffe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If they are not ALEP accredited then what is the reason?
Do you have any advice for leasehold conveyancing in Newton Aycliffe with the aim of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Newton Aycliffe can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ solicitors.
- If you have carried out any alterations to the premises would they have required Landlord’s consent? In particular have you laid down wooden flooring? Newton Aycliffe leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such changes. Should you fail to have the consents in place you should not communicate with the landlord without checking with your lawyer in advance.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £150000 apartment in Newton Aycliffe next Wednesday . The management company has quoted £384 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Newton Aycliffe?
Newton Aycliffe conveyancing on leasehold maisonettes more often than not requires the buyer’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to answer such questions most will be content to assist. They are entitled charge a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it exceeds £800. The administration charge required by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, otherwise the charge is not strictly payable. Reality however dictates that one has no option but to pay whatever is requested of you if you want to sell the property.
I purchased a garden flat in Newton Aycliffe, conveyancing having been completed half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Newton Aycliffe with a long lease are worth £236,000. The average or mid-range amount of ground rent is £50 levied per year. The lease terminates on 21st October 2077
You have 53 years unexpired we estimate the price of your lease extension to be between £28,500 and £33,000 plus costs.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.
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