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Recently asked questions relating to Rainhill leasehold conveyancing

I am hoping to exchange soon on a leasehold property in Rainhill. Conveyancing solicitors inform me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of not letting the lease term falling below eighty years
  • Whether the lease restricts you from renting out the property, or having a home office for business
  • You should have a good understanding of the insurance provisions
  • Changes to the flat (alterations and additions)
  • 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 you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Rainhill please ask your conveyancer in ahead of your conveyancing in Rainhill

    • I own a leasehold house in Rainhill. Conveyancing and Bank of Ireland mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Rainhill who acted for me is not around.What should I do?

    First make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Rainhill conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am looking at a couple of apartments in Rainhill which have approximately 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Rainhill. The lease is a legal document that entitles you to use the property for a period of time. As the lease gets shorter the value of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena

    Last month I purchased a leasehold property in Rainhill. Am I liable to pay service charges for periods before my ownership?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Can you provide any top tips for leasehold conveyancing in Rainhill from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Rainhill can be reduced where you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Rainhill state that internal structural changes or addition of wooden flooring require a licence from the Landlord acquiescing to such works. Should you dont have the consents to hand you should not communicate with the landlord without contacting your solicitor before hand.
  • A minority of Rainhill leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unsettled.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Organising a replacement share certificate is often a time consuming process and delays many a Rainhill home move. Where a new share is needed, do contact the company director and secretary or managing agents (if relevant) for this sooner rather than later.

    • Rainhill Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

      How many of the leaseholders are in arrears for their service charge payments? Most Rainhill leasehold apartments will have a service charge for the upkeep of the building set by the landlord. If you purchase the apartment you will have to pay this liability, normally in instalments during the year. This could be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent to be met yearly, this is usually not a large figure, say around £25-£75 but you need to enquire it because on occasion it could be surprisingly expensive. Can you tell me if there are any major works in the planning that will likely add a premium to the maintenance fees?

    Other Topics

    Lease Extensions in Rainhill