Fixed-fee leasehold conveyancing in Quedgeley:

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Recently asked questions relating to Quedgeley leasehold conveyancing

I have just started marketing my ground floor flat in Quedgeley.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should pay 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 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.

I today plan to offer on a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Quedgeley. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

Most houses in Quedgeley are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Quedgeley in which case you should be looking for a Quedgeley conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold house in Quedgeley. Conveyancing and Bank of Scotland mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Quedgeley who acted for me is not around.What should I do?

The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Quedgeley conveyancing lawyer to do this as it can be done on-line 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.

Can you provide any advice for leasehold conveyancing in Quedgeley with the intention of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Quedgeley can be avoided if you appoint 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 buyers representatives.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Quedgeley leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such changes. Where you fail to have the approvals to hand you should not communicate with the landlord without contacting your conveyancer in advance.
  • A minority of Quedgeley leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice 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 buyers or their lawyers.
  • If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 reveal the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Organising a duplicate share certificate can be a lengthy process and frustrates many a Quedgeley conveyancing transaction. Where a new share certificate is needed, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

  • In relation to leasehold conveyancing in Quedgeley what are the most frequent lease defects?

    Leasehold conveyancing in Quedgeley is not unique. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , The Mortgage Works, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

    Quedgeley Leasehold Conveyancing - Sample of Questions you should ask before Purchasing

      Please tell me if there are any major works in the near future that could increase the maintenance charges? On the whole the cost for major works tend not to be incorporated into the service charges, although there some managing agents in Quedgeley obliged leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. This question is helpful as a) areas can result in problems for the block as the communal areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have a dispute with the running of the building you will need to know about it

    Other Topics

    Lease Extensions in Quedgeley