I am hoping to exchange soon on a garden flat in Radcliffe. Conveyancing solicitors inform me that they will have a report out to me on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Radcliffe should include some of the following:

• You should be sent a copy of the lease

Setting out your legal entitlements in relation to common areas in the building.For example, does the lease contain a right of way over a path or hallways?

Are pets allowed in the flat?

Does the lease prevent you from subletting 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

What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be included in your report on your leasehold property in Radcliffe please ask your solicitor in ahead of your conveyancing in Radcliffe

My wife and I purchased a leasehold flat in Radcliffe. Conveyancing and Britannia mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Radcliffe who previously acted has now retired.What should I do?

First contact HMLR to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. It is not necessary to incur the fees of a Radcliffe conveyancing practitioner 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 landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to finding a Radcliffe conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Radcliffe conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Radcliffe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• What volume of lease extensions have they completed in Radcliffe in the last year?

What are the costs for lease extension work?

Can you provide any advice for leasehold conveyancing in Radcliffe from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Radcliffe can be avoided if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
• In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Radcliffe leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the approvals to hand do not communicate with the landlord without checking with your solicitor in the first instance.

A minority of Radcliffe 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 put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying 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 buyers or their lawyers.

If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is ongoing. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as historic as opposed to unresolved.

You believe that you know the number of years left on your lease but it would be wise to verify this via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 apartment in Radcliffe in just under a week. The freeholder has quoted £372 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Radcliffe?

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

• Completing conveyancing due diligence enquiries
• Where consent is required before sale in Radcliffe
• 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 Radcliffe leasehold premises is £350. For Radcliffe 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 provide answers.

Radcliffe Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

This question is important as a) areas could result in problems in the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to have all the details If a Radcliffe lease has fewer than 80 years it will have adverse implications on the salability of the property. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth discovering how much this would cost. For most Radcliffelease extensions you will need to own the premises for a couple of years before you are entitled to exercise a lease extension. Who manages the building?

Other Topics

Lease Extensions in Radcliffe