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Questions and Answers: Redland leasehold conveyancing

I am hoping to exchange soon on a garden flat in Redland. Conveyancing lawyers inform me that they will have a report out to me 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 Redland should include some of the following:

  • You should be sent a copy of the lease
  • The total extent of the property. This will be the flat itself but may include a roof space or basement if applicable.
  • Setting out your rights in respect of common areas in the building.For example, does the lease provide for a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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? For details of the information to be contained in your report on your leasehold property in Redland please ask your conveyancer in ahead of your conveyancing in Redland

  • I have just appointed agents to market my 2 bed flat in Redland.Conveyancing is yet to be initiated but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

    It best that you discharge 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. Having a clear account will assist your cause and will leave you no worse off financially.

    I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Redland. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Redland ?

    Most houses in Redland are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Redland so you should seriously consider shopping around for a Redland conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the property is part of an estate. Your lawyer should report to you on the legal implications.

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

    When appointing a solicitor for your lease extension (regardless if they are a Redland conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Redland conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • If they are not ALEP accredited then what is the reason?
  • What volume of lease extensions has the firm completed in Redland in the last twenty four months?

  • Do you have any advice for leasehold conveyancing in Redland from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Redland can be avoided if you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers representatives.
    • The majority freeholders or managing agents in Redland levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Redland.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Redland leases often stipulate that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord approving such works. Where you fail to have the approvals to hand you should not contact the landlord without contacting your lawyer first.
  • If you have had conflict with your freeholder 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 nervous about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay 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 will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • You may think that you are aware of the number of years remaining on your lease but you should verify this via your solicitors. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Redland Leasehold Conveyancing - Sample of Queries Prior to buying

      How much is the ground rent and service charge? How many years are left on the lease? You should be aware if it is less than 80 years it will affect the marketability of the property. It is worth checking with your bank that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will probably have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you would need to own the property for 24 months in order to be legally able to extend the lease.

    Other Topics

    Lease Extensions in Redland