Estate agents have just been given the go-ahead to market my basement apartment in Shard End.Conveyancing has not commenced but I have just received a half-yearly service charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear the service charge 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. This will smooth the conveyancing process.

Can you offer any advice when it comes to choosing a Shard End conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Shard End conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Shard End conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• If the firm is not ALEP accredited then what is the reason?

What are the charges for lease extension work?

Can you provide any advice for leasehold conveyancing in Shard End from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Shard End can be bypassed where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the buyers lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Most leases in Shard End state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. If you fail to have the consents to hand you should not contact the landlord without checking with your solicitor in the first instance.

If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than ongoing.

If you are supposed to have a share in the Management Company, you should make sure that you have the original share document. Obtaining a new share certificate can be a lengthy process and delays many a Shard End conveyancing transaction. If a new share is needed, 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 wise to double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £500000 apartment in Shard End in six days. The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Shard End?

Shard End conveyancing on leasehold maisonettes usually involves fees being levied by landlords agents :

• Answering pre-contract enquiries
• Where consent is required before sale in Shard End
• Supplying insurance information
• 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 Shard End leasehold property is £350. For Shard End 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 the information.

What makes a Shard End lease unmortgageable?

Leasehold conveyancing in Shard End is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Virgin Money, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.

Shard End Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

How many of the leaseholders are in arrears for their maintenance charge payments? What is the yearly maintenance fee and ground rent? This information is helpful as a) areas can cause problems in the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have a dispute with the running of the building you will wish to have complete disclosure

Other Topics

Lease Extensions in Shard End