Looking forward to complete next month on a leasehold property in South Cave. Conveyancing solicitors inform me that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

• Setting out your legal entitlements in respect of the communal areas in the building.By way of example, does the lease provide for a right of way over a path or hallways?

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

Changes to the flat (alterations and additions)

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

Responsibility for repairing the window frames

What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in South Cave please enquire of your conveyancer in ahead of your conveyancing in South Cave

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a leasehold house in South Cave. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

The majority of houses in South Cave are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in South Cave so you should seriously consider looking for a South Cave conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.

Do you have any top tips for leasehold conveyancing in South Cave from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in South Cave can be bypassed if you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
• The majority landlords or managing agents in South Cave charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in South Cave.

In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in South Cave state that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such works. Where you dont have the paperwork in place you should not contact the landlord without checking with your solicitor first.

If you have had any disputes with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may have to bite the bullet and pay any arrears of service charge or resolve 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 purchasers, but it is better to reveal the dispute as historic as opposed to unresolved.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share document. Organising a new share certificate is often a lengthy formality and frustrates many a South Cave home move. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.

If all goes to plan we aim to complete the disposal of our £375000 apartment in South Cave next week. The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in South Cave?

For most leasehold sales in South Cave 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 conveyancing due diligence enquiries
• Where consent is required before sale in South Cave
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for South Cave leasehold property is £350. For South Cave 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.

When it comes to leasehold conveyancing in South Cave what are the most common lease problems?

Leasehold conveyancing in South Cave is not unique. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Chelsea Building Society, and Alliance & Leicester 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 problematic they may refuse to provide security, forcing the buyer to withdraw.

South Cave Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

Who are the managing agents? In the main the outlay for major works tend not to be included within maintenance charges, albeit that some managing agents in South Cave require tenants to pay into a sinking fund and this is used to offset against major works. How much is the ground rent and service charge?

Other Topics

Lease Extensions in South Cave