I am on look out for some leasehold conveyancing in Sawtry. Before I set the wheels in motion I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and almost all are in Sawtry - then the leasehold title will always include the basic details 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Sawtry. I need to get lease extension but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the landlord. On the whole a specialist may be helpful to conduct investigations and prepare an expert document which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Sawtry.

Last month I purchased a leasehold house in Sawtry. Am I liable to pay service charges for periods before 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. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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).

Do you have any advice for leasehold conveyancing in Sawtry from the point of view of saving time on the sale process?

• A significant proportion of the delay in leasehold conveyancing in Sawtry can be avoided if you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers solicitors.
• The majority freeholders or Management Companies in Sawtry charge for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Sawtry.

In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Sawtry state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Where you dont have the consents in place do not contact the landlord without contacting your conveyancer first.

If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share document. Organising a re-issued share certificate can be a time consuming process and frustrates many a Sawtry conveyancing transaction. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this as soon as possible.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. In the circumstances it is essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

We expect to complete the sale of our £200000 flat in Sawtry in 5 days. The management company has quoted £396 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 Sawtry?

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

• Answering pre-exchange enquiries
• Where consent is required before sale in Sawtry
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Sawtry leasehold property is £350. For Sawtry 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 obliged to provide the information.

Sawtry Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

You should want to discover as much as possible concerning the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to every day issues such as the tidiness of the communal areas. Don't be afraid to ask prospective neighbours what they think of their service. Finally, find out the dates that you are obliged pay the service charge to the relevant party and specifically what it includes. Plenty Sawtry leasehold apartments will incur a service charge for maintenance of the block levied on behalf of the landlord. Should you purchase the flat you will have to pay this liability, normally periodically throughout the year. This may vary from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay yearly, this is usually not a large figure, say around £50-£100 but you should to enquire as occasionally it can be surprisingly expensive. How many years are left on the lease?

Other Topics

Lease Extensions in Sawtry