Common questions relating to Ogmore Vale leasehold conveyancing
There are only 62 years unexpired on my lease in Ogmore Vale. I am keen to extend my lease but my freeholder is absent. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to prove that you have used your best endeavours to locate the landlord. On the whole a specialist should be helpful to conduct investigations and to produce a report to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Ogmore Vale.
I am hoping to exchange soon on a basement flat in Ogmore Vale. Conveyancing solicitors assured me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Ogmore Vale should include some of the following:
- The total extent of the premises. This will be the property itself but might incorporate a loft or cellar if appropriate.
I have just appointed agents to market my basement apartment in Ogmore Vale.Conveyancing is yet to be initiated but I have just had a half-yearly maintenance charge invoice – what should I do?
It best that you 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 management companies will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.
Last month I purchased a leasehold house in Ogmore Vale. Do I have any liability for service charges for periods before my ownership?
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 ensure 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £250000 maisonette in Ogmore Vale in just under a week. The management company has quoted £348 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Ogmore Vale?
Ogmore Vale conveyancing on leasehold maisonettes often necessitates the purchaser’s solicitor sending questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries most will be willing to do so. They may invoice a reasonable administration fee for answering questions 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 situations it exceeds £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the charge is technically not due. In reality you have no choice but to pay whatever is requested of you if you want to complete the sale of your home.
Leasehold Conveyancing in Ogmore Vale - Sample of Questions you should consider before Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments?
What is the name of the managing agents?
On the whole the cost for major works are not included within service charges, although a few managing agents in Ogmore Vale ask tenants to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.
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