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Top Five Questions relating to Seascale and Sellafield leasehold conveyancing

I have just appointed agents to market my garden apartment in Seascale and Sellafield.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – what should I do?

It best that you 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. This will smooth the conveyancing process.

I own a leasehold flat in Seascale and Sellafield. Conveyancing and Alliance & Leicester mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Seascale and Sellafield who previously acted has long since retired.Do I pay?

First make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. There is no need to instruct a Seascale and Sellafield conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold property in Seascale and Sellafield. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 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).

Can you offer any advice when it comes to choosing a Seascale and Sellafield conveyancing practice to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Seascale and Sellafield conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Seascale and Sellafield conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • If they are not ALEP accredited then what is the reason?
  • How many lease extensions has the firm completed in Seascale and Sellafield in the last twenty four months?

    • Can you provide any advice for leasehold conveyancing in Seascale and Sellafield with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Seascale and Sellafield can be reduced if you instruct lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ conveyancers.
    • Some Seascale and Sellafield leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or resolve 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 are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Arranging a new share certificate can be a lengthy formality and frustrates many a Seascale and Sellafield home move. If a duplicate share is required, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but you should verify this via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Seascale and Sellafield Conveyancing for Leasehold Flats - Sample of Queries before buying

      Make sure you investigate if there is anything that is prohibited in the lease. For instance it is reasonably common in Seascale and Sellafield leases that pets are not allowed in certain buildings in Seascale and Sellafield. If you like the propertyin Seascale and Sellafield yet your dog can’t make the move with you then you have a very hard choice. You should be aware if it is less than 80 years it will have adverse implications on the value of the flat. Check with your bank that they are happy with the length of the lease. A short lease means that you will most likely have to extend the lease sooner rather than later and it is worth finding out what this would cost. Remember, in most cases you will be be obliged to have been the owner of the residence for two years before you are legally able to extend the lease. Does the lease have onerous restrictions?

    Other Topics

    Lease Extensions in Seascale and Sellafield