Romsey leasehold conveyancing: Q and A’s
I am on look out for some leasehold conveyancing in Romsey. Before diving in I require certainty as to the number of years remaining on the lease.
If the lease is registered - and 99.9% are in Romsey - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Romsey. Conveyancing lawyers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Romsey ?
The majority of houses in Romsey are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Romsey so you should seriously consider shopping around for a Romsey conveyancing solicitor and be sure that they are used to advising on leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will appraise you on the various issues.
Last month I purchased a leasehold flat in Romsey. Do I have any liability for service charges relating to a period prior to 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).
What are your top tips when it comes to appointing a Romsey conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Romsey conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Romsey conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- If they are not ALEP accredited then why not?
If all goes to plan we aim to complete the sale of our £250000 garden flat in Romsey in just under a week. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Romsey?
Romsey conveyancing on leasehold apartments normally results in fees being levied by managing agents :
- Addressing pre-exchange questions
- Where consent is required before sale in Romsey
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Romsey Leasehold Conveyancing - A selection of Questions you should consider Prior to buying
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On the whole the outlay for major works tend not to be included within service charges, albeit that a few managing agents in Romsey ask tenants to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance.
Does the lease include onerous restrictions?
The majority of Romsey leasehold properties will incur a service bill for the upkeep of the block levied by the landlord. Where you acquire the flat you will have to pay this amount, normally quarterly throughout the year. This could differ from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent to be met yearly, this is usually not a exorbitant amount, say approximately £50-£100 but you need to check it because sometimes it could be surprisingly expensive.
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