Back In 2006, I bought a leasehold house in Papworth Everard. Conveyancing and National Westminster Bank mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Papworth Everard who acted for me is not around.What should I do?

First make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Papworth Everard conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold flat in Papworth Everard. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner 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).

What advice can you give us when it comes to appointing a Papworth Everard conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Papworth Everard conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Papworth Everard conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:

• How familiar is the firm with lease extension legislation?

What are the costs for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Papworth Everard from the point of view of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Papworth Everard can be reduced if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Papworth Everard leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such works. If you fail to have the paperwork to hand you should not communicate with the landlord without contacting your solicitor first.

A minority of Papworth Everard leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly 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 lawyers.

If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is ongoing. You will have to accept that you will have to pay 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 buyers, but it is better to present the dispute as historic rather than unresolved.

If you hold a share in a the freehold, you should make sure that you are holding the original share document. Organising a re-issued share certificate is often a lengthy process and frustrates many a Papworth Everard home move. Where a new share is needed, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

Completion in due on the sale of our £375000 maisonette in Papworth Everard in seven days. The managing agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Papworth Everard?

For the majority of leasehold sales in Papworth Everard conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-exchange enquiries
• Where consent is required before sale in Papworth Everard
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Papworth Everard leasehold premises is £350. For Papworth Everard conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

Leasehold Conveyancing in Papworth Everard - Sample of Questions you should ask before buying

Make sure you investigate if the the lease includes any onerous restrictions in the lease. By way of example it is fairly common in Papworth Everard leases that pets are not permitted in in a block in Papworth Everard. If you love the flatin Papworth Everard but your dog is not allowed to make the move with you then you have a very difficult determination. Does the lease have more than 80 years unexpired? It would be prudent to discover as much as possible concerning the company managing the block as they will either make your life much easier or a lot more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily issues like the cleanliness of the common parts. Enquire of other tenants what they think of their service. On a final note, be sure you know the dates that the maintenance charges are due to the managing agents and specifically what you get for your money.

Other Topics

Lease Extensions in Papworth Everard