Fixed-fee leasehold conveyancing in Rawcliffe:

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Frequently asked questions relating to Rawcliffe leasehold conveyancing

Due to complete next month on a ground floor flat in Rawcliffe. Conveyancing solicitors assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • The total extent of the property. This will be the apartment itself but may include a roof space or cellar if applicable.
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Will you be prohibited or prevented from having pets in the property?
  • You need to be told what counts as a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat For details of the information to be contained in your report on your leasehold property in Rawcliffe please enquire of your lawyer in ahead of your conveyancing in Rawcliffe

    • Back In 2005, I bought a leasehold flat in Rawcliffe. Conveyancing and Aldermore mortgage organised. I have received a letter from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Rawcliffe who previously acted has now retired.Do I pay?

    The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Rawcliffe conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. 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.

    Last month I purchased a leasehold house in Rawcliffe. Do I have any liability for service charges for periods before my ownership?

    In a situation 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. However, 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).

    I am employed by a reputable estate agency in Rawcliffe where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received contradictory information from local Rawcliffe conveyancing firms. Can you confirm whether the seller of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

    As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start 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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

    An alternative approach is 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.

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

    • Much of the delay in leasehold conveyancing in Rawcliffe can be reduced if you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
    • Many freeholders or Management Companies in Rawcliffe levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Rawcliffe.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Rawcliffe state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Should you fail to have the approvals to hand you should not contact the landlord without checking with your conveyancer in the first instance.
  • If you hold a share in a the Management Company, you should ensure that you are holding the original share certificate. Organising a duplicate share certificate is often a lengthy process and frustrates many a Rawcliffe home move. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Leasehold Conveyancing in Rawcliffe - A selection of Questions you should consider before buying

      Most Rawcliffe leasehold flats will have a service charge for the upkeep of the block levied on behalf of the management company. Should you buy the property you will have to meet this amount, normally periodically during the year. This can be anything from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay yearly, ordinarily this is not a large figure, say about £50-£100 but you should to check as sometimes it can be surprisingly expensive. Does the lease contain onerous restrictions? Are any of leasehold owners in dispute over their service charge liability?

    Other Topics

    Lease Extensions in Rawcliffe