Fixed-fee leasehold conveyancing in Rise Park:

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Questions and Answers: Rise Park leasehold conveyancing

Planning to exchange soon on a leasehold property in Rise Park. Conveyancing solicitors have said 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 Rise Park should include some of the following:

  • You should receive a copy of the lease
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • 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
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Rise Park please enquire of your lawyer in ahead of your conveyancing in Rise Park

  • Estate agents have just been given the go-ahead to market my garden flat in Rise Park.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge demand – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should clear 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 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.

    I've recently bought a leasehold flat in Rise Park. Do I have any liability for 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. 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).

    What advice can you give us when it comes to finding a Rise Park conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Rise Park conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Rise Park 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 have they conducted in Rise Park in the last twenty four months?

  • Can you provide any advice for leasehold conveyancing in Rise Park from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Rise Park can be bypassed where you appoint lawyers as soon as your agents start marketing the property and ask them to put together the leasehold information needed by the buyers lawyers.
    • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Rise Park leases often stipulate that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such works. Where you dont have the consents to hand do not contact the landlord without contacting your conveyancer first.
  • A minority of Rise Park 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 obtain bank and professional references. The 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 purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet and pay 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 present the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Arranging a re-issued share certificate is often a lengthy formality and slows down many a Rise Park conveyancing transaction. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this sooner rather than later.

  • I have attempted and failed to negotiate with my landlord to extend my lease without getting anywhere. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a Rise Park conveyancing firm to represent me?

    in cases where there is a absentee landlord or where there is disagreement about the premium for a lease extension, under the relevant statutes it is possible to make an application to the LVT to calculate the premium.

    An example of a Lease Extension matter before the tribunal for a Rise Park residence is Flat b 14 Kemble Road in May 2014. The Tribunal assessed the value of the premium payable for the lease extension to be £9,761 This case related to 1 flat.

    Other Topics

    Lease Extensions in Rise Park