Expecting to exchange soon on a studio apartment in Poundbury. Conveyancing lawyers assured me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

• Setting out your legal entitlements in respect of the communal areas in the block.By way of example, does the lease grant a right of way over a path or hallways?
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Are you allowed to have a pet in the flat?
• Whether your lease has a provision for a sinking fund?
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• Responsibility for repairing the window frames

I’m about to sell my basement flat in Poundbury.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

It best that you clear 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. This will smooth the conveyancing process.

I own a leasehold house in Poundbury. Conveyancing and Santander mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Poundbury who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to be sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Poundbury conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note 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.

I am attracted to a couple of flats in Poundbury which have in the region of fifty years remaining on the leases. Will this present a problem?

There are plenty of short leases in Poundbury. The lease is a right to use the property for a prescribed time frame. As a lease shortens the value of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena

Do you have any top tips for leasehold conveyancing in Poundbury with the purpose of expediting the sale process?

• Much of the delay in leasehold conveyancing in Poundbury can be avoided where you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information which will be required by the purchasers’ lawyers.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Poundbury leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such alterations. If you dont have the consents to hand do not communicate with the landlord without contacting your solicitor in advance.
• A minority of Poundbury leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
• If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a re-issued share certificate can be a time consuming process and delays many a Poundbury conveyancing transaction. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.

Leasehold Conveyancing in Poundbury - A selection of Questions you should consider Prior to buying

How much is the service charge and ground rent on the apartment? Make sure you find out if there are any onerous restrictions in the lease. By way of example it is reasonably common in Poundbury leases that pets are not permitted in in a block in Poundbury. If you love the apartmentin Poundbury yet your dog is not allowed to make the move with you then you will be faced hard compromise.