Estate agents have just been given the go-ahead to market my 2 bed apartment in Rhuddlan.Conveyancing solicitors are to be appointed soon but I have just had a yearly service charge demand – what should I do?

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 managing agents will not acknowledge the buyer until 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. This will smooth the conveyancing process.

Back In 2002, I bought a leasehold house in Rhuddlan. Conveyancing and Britannia mortgage went though with no issue. A letter has just been received 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 1998. The conveyancing solicitor in Rhuddlan who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Rhuddlan conveyancing firm 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 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold flat in Rhuddlan. Am I liable to pay service charges relating to a period prior to completion of my purchase?

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. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

Do you have any top tips for leasehold conveyancing in Rhuddlan with the purpose of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Rhuddlan can be reduced if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
• The majority freeholders or Management Companies in Rhuddlan levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Rhuddlan.

If all goes to plan we aim to complete our sale of a £175000 flat in Rhuddlan in just under a week. The landlords agents has quoted £372 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Rhuddlan?

Rhuddlan conveyancing on leasehold maisonettes more often than not involves the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be content to do so. They are entitled invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The management information fee invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, otherwise the charge is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you should you wish to complete the sale of your home.

Rhuddlan Leasehold Conveyancing - Examples of Queries Prior to Purchasing

You will want to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to every day matters like the upkeep of the common parts. Ask other tenants what they think of them. In conclusion, find out the dates that the service fees are due to the managing agents and precisely what it includes. Be sure to find out if the the lease contains any onerous restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Rhuddlan. If you like the flatin Rhuddlan yet your cat is not allowed to move with you then you will be faced hard choice. Does the lease include onerous restrictions?

Other Topics

Lease Extensions in Rhuddlan