Expecting to complete next month on a garden flat in Peak District. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Peak District should include some of the following:

• The physical extent of the property. This will be the apartment itself but could also incorporate a loft or cellar if applicable.

Does the lease prevent you from renting out the property, or having a home office for business

Ground rent - how much and when you need to pay, and also know whether this is subject to change

You should have a good understanding of the insurance provisions

Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Peak District please enquire of your lawyer in ahead of your conveyancing in Peak District

My wife and I purchased a leasehold flat in Peak District. Conveyancing and Nottingham Building Society mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Peak District who previously acted has now retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Peak District conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Can you provide any top tips for leasehold conveyancing in Peak District from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Peak District can be reduced if you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the purchasers’ solicitors.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Peak District leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord approving such alterations. Should you fail to have the approvals in place you should not contact the landlord without checking with your conveyancer in advance.

A minority of Peak District leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.

If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a re-issued share certificate can be a time consuming process and frustrates many a Peak District home move. Where a reissued share certificate is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

You may think that you are aware of the number of years left on your lease but you should verify this by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. It is therefore important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

All being well we will complete the sale of our £175000 garden flat in Peak District in nine days. The management company has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Peak District?

Peak District conveyancing on leasehold flats ordinarily necessitates fees being raised by freeholders :

• Completing conveyancing due diligence questions
• Where consent is required before sale in Peak District
• 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 conveyancer will have no control over the level of the charges for this information but the average costs for the information for Peak District leasehold premises is £350. For Peak District 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 required to supply answers.

Are there frequently found defects that you come across in leases for Peak District properties?

Leasehold conveyancing in Peak District is not unique. Most leases are unique and drafting errors can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Norwich and Peterborough Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

Leasehold Conveyancing in Peak District - Sample of Queries Prior to Purchasing

Is there a share of the freehold? How many years are left on the lease? Generally speaking the outlay for major works are not included within service charges, albeit that some managing agents in Peak District obliged leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance.

Other Topics

Lease Extensions in Peak District