Examples of recent questions relating to leasehold conveyancing in Sale
Due to complete next month on a basement flat in Sale. Conveyancing solicitors have said that they will have a report out to me on Monday. What should I be looking out for?
The report on title for your leasehold conveyancing in Sale should include some of the following:
- The total extent of the demise. This will be the flat itself but may incorporate a loft or basement if applicable.
I have just started marketing my 2 bed apartment in Sale.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – Do I pay up?
The sensible thing to do is 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.
I own a leasehold house in Sale. Conveyancing and Skipton Building Society mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Sale who acted for me is not around.Any advice?
First contact HMLR to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Sale conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am tempted by the attractive purchase price for a couple of apartments in Sale both have approximately fifty years remaining on the leases. should I be concerned?
There are plenty of short leases in Sale. The lease is a legal document that entitles you to use the premises for a period of time. As the lease shortens the marketability of the lease reduces and it becomes more costly to extend the lease. This is why it is often a good idea to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this field
Are there frequently found deficiencies that you come across in leases for Sale properties?
There is nothing unique about leasehold conveyancing in Sale. Most leases are unique and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the building
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Norwich and Peterborough Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to pull out.
Sale Conveyancing for Leasehold Flats - Sample of Queries before buying
Does the lease have more than 85 years remaining?
Best to be warned whether a new roof is being installed or some other major work is pending that will be shared between the leasehold owners and may well materially increase the the service charges or require a specific invoice.
Does the lease have onerous restrictions?