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Frequently asked questions relating to Sandiacre leasehold conveyancing

I am hoping to sign contracts shortly on a garden flat in Sandiacre. Conveyancing lawyers have said that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Sandiacre should include some of the following:

  • You should be sent a copy of the lease
  • The total extent of the property. This will be the apartment itself but might incorporate a loft or cellar if applicable.
  • Does the lease prohibit wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Sandiacre please ask your solicitor in advance of your conveyancing in Sandiacre

    • I have just appointed agents to market my 2 bed flat in Sandiacre.Conveyancing solicitors are to be appointed soon but I have just had a yearly maintenance 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 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.

    Back In 2000, I bought a leasehold house in Sandiacre. Conveyancing and Accord Mortgages Ltd mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Sandiacre who acted for me is not around.Any advice?

    First make enquiries of the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Sandiacre conveyancing firm to do this as you can do this on the Land Registry website for £3. 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.

    Do you have any advice for leasehold conveyancing in Sandiacre from the point of view of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Sandiacre can be avoided where you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers lawyers.
    • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Sandiacre state that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such works. Should you dont have the consents to hand do not contact the landlord without contacting your solicitor before hand.
  • Some Sandiacre leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 buyers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 over as opposed to unresolved.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate can be a lengthy formality and frustrates many a Sandiacre home move. If a new share is necessary, you should approach the company officers or managing agents (where relevant) for this as soon as possible.

    • In relation to leasehold conveyancing in Sandiacre what are the most frequent lease defects?

    There is nothing unique about leasehold conveyancing in Sandiacre. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Service charge per centages that don't add up correctly leaving a shortfall

    You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Bank of Scotland, and Britannia 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 purchaser to withdraw.

    Leasehold Conveyancing in Sandiacre - Sample of Questions you should ask before Purchasing

      Make sure you find out if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being permitted in in a block in Sandiacre. If you love the flatin Sandiacre yet your dog can’t move with you then you have a very hard decision. Most Sandiacre leasehold properties will be liable to pay a service bill for the upkeep of the block invoiced by the management company. Where you purchase the flat you will have to meet this amount, usually in instalments accross the year. This could be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all probability there will be a ground rent for you to pay yearly, this is usually not a large figure, say approximately £25-£75 but you need to enquire as sometimes it can be many hundreds of pounds. Are any of leasehold owners in arrears of their service charge payments?

    Other Topics

    Lease Extensions in Sandiacre