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Common questions relating to Robertsbridge leasehold conveyancing

My wife and I purchased a leasehold house in Robertsbridge. Conveyancing and Barnsley Building Society mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Robertsbridge who previously acted has now retired.What should I do?

First make enquiries of HMLR 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 instruct a Robertsbridge conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a long established estate agency in Robertsbridge where we have witnessed a few flat sales derailed as a result of short leases. I have been given contradictory information from local Robertsbridge conveyancing firms. Could you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?

Provided that 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

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 buyer.

What are your top tips when it comes to choosing a Robertsbridge conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for lease extension works (regardless if they are a Robertsbridge conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Robertsbridge conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the firm with lease extension legislation?
  • If the firm is not ALEP accredited then why not?

    • Do you have any advice for leasehold conveyancing in Robertsbridge from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Robertsbridge can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • The majority freeholders or Management Companies in Robertsbridge levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Robertsbridge.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Robertsbridge state that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. Should you fail to have the approvals to hand you should not contact the landlord without checking with your conveyancer first.
  • A minority of Robertsbridge 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 financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Obtaining a duplicate share certificate can be a time consuming formality and delays many a Robertsbridge home move. If a new share certificate is required, do contact the company officers or managing agents (if relevant) for this as soon as possible.

    • Completion in due on the disposal of our £225000 flat in Robertsbridge on Friday in a week. The freeholder has quoted £372 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Robertsbridge?

    Robertsbridge conveyancing on leasehold flats normally requires the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address such questions most will be content to assist. They are entitled invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The management information fee required by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, without which the charge is technically not due. Reality however dictates that one has no option but to pay whatever is demanded if you want to exchange contracts with the buyer.

    Robertsbridge Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      On the whole the outlay for major works tend not to be included within service charges, although a few managing agents in Robertsbridge obliged tenants to pay into a sinking fund created for the specific intention of building a fund for major works. How much is the maintenance charge and ground rent on the flat? It is important to be aware if redecorating or some other major work is pending that will be shared between the leaseholders and will materially increase the the maintenance fees or necessitate a specific payment.

    Other Topics

    Lease Extensions in Robertsbridge