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Common questions relating to Sandbanks leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Sandbanks. Before I set the wheels in motion I would like to find out the unexpired term of the lease.

If the lease is registered - and 99.9% are in Sandbanks - 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.

Due to sign contracts shortly on a studio apartment in Sandbanks. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Sandbanks should include some of the following:

  • The total extent of the property. This will be the apartment itself but may incorporate a roof space or basement if applicable.
  • Whether the lease restricts you from subletting the property, or having a home office for business
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • 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 For a comprehensive list of information to be included in your report on your leasehold property in Sandbanks please enquire of your lawyer in ahead of your conveyancing in Sandbanks

  • Estate agents have just been given the go-ahead to market my garden apartment in Sandbanks.Conveyancing solicitors are to be appointed soon but I have just received a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

    Your conveyancing lawyer is likely to suggest that you should pay 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 unless 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 am a negotiator for a reputable estate agent office in Sandbanks where we have witnessed a few leasehold sales put at risk due to short leases. I have received conflicting advice from local Sandbanks conveyancing firms. Please can you confirm whether the owner of a flat can commence the lease extension formalities for the buyer?

    Provided that the seller has been the owner 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. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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.

    If all goes to plan we aim to complete the disposal of our £325000 garden flat in Sandbanks next week. The managing agents has quoted £300 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Sandbanks?

    For the majority of leasehold sales in Sandbanks conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Completing pre-contract enquiries
    • Where consent is required before sale in Sandbanks
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Sandbanks leasehold property is £350. For Sandbanks conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

    Sandbanks Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying

      You will want to find out as much as possible concerning the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day issues like the tidiness of the communal areas. Enquire of prospective neighbours what they think of them. On a final note, find out the dates that the service fees are due to the managing agents and specifically how they are spending the funds. The best form of lease arrangement is if the freehold interest is owned by the leaseholders. In this scenario the tenants benefit from control and even though a managing agent is often employed if the building is bigger than a house conversion, the managing agent employed by the leaseholders. Who manages the block?

    Other Topics

    Lease Extensions in Sandbanks