Examples of recent questions relating to leasehold conveyancing in Porthcawl
Expecting to sign contracts shortly on a studio apartment in Porthcawl. Conveyancing lawyers have said that they are sending me a report on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Porthcawl should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
I’m about to sell my 2 bed flat in Porthcawl.Conveyancing is yet to be initiated but I have just had a half-yearly service charge invoice – what should I do?
The sensible thing to do is 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.
My wife and I purchased a leasehold house in Porthcawl. Conveyancing and TSB mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Porthcawl who previously acted has long since retired.Any advice?
First contact HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Porthcawl conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I am a negotiator for a reputable estate agent office in Porthcawl where we have witnessed a number of leasehold sales jeopardised as a result of short leases. I have received contradictory information from local Porthcawl conveyancing firms. Can you clarify whether the seller of a flat can instigate the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
If all goes to plan we aim to complete our sale of a £325000 apartment in Porthcawl on Thursday in a week. The freeholder has quoted £336 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Porthcawl?
Porthcawl conveyancing on leasehold maisonettes normally requires the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries most will be content to do so. They are entitled invoice a reasonable administration fee 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 situations it exceeds £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in relation to administration charges, otherwise the invoice is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.
Porthcawl Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing
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Most Porthcawl leasehold apartments will have a service charge for maintenance of the block invoiced by the freeholder. Should you buy the flat you will have to meet this liability, normally in instalments throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all probability there will be a rentcharge to be met annual, ordinarily this is not a significant sum, say around £25-£75 but you should to check it because sometimes it could be many hundreds of pounds.
What prohibitions exist in the Porthcawl Lease?
How much is the annual maintenance fee and ground rent?
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