Common questions relating to Southwold leasehold conveyancing
I am in need of some leasehold conveyancing in Southwold. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in Southwold - then the leasehold title will always include the short particulars 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.
Estate agents have just been given the go-ahead to market my 2 bed flat in Southwold.Conveyancing has not commenced but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?
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 managing agents 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.
I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Southwold. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Southwold ?
Most houses in Southwold are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Southwold so you should seriously consider looking for a Southwold conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is located on an estate. Your conveyancer should report to you on the legal implications.
What are your top tips when it comes to finding a Southwold conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Southwold conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Southwold 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 the firm is not ALEP accredited then why not?
We expect to complete the disposal of our £375000 garden flat in Southwold in 10 days. The freeholder has quoted £372 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Southwold?
For most leasehold sales in Southwold conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
- Answering pre-exchange questions
- Where consent is required before sale in Southwold
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Southwold Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing
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The answer will be important as a) areas can result in problems in the building as the common areas may begin to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to have complete disclosure
Is the freehold owned collectively by the tenants?
You will want to discover as much as possible concerning the managing agents as they can either make life much simpler or much more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical matters like the tidiness of the communal areas. Enquire of other people what they think of their management. In conclusion, be sure you discover the dates that the maintenance charges are due to the managing agents and specifically what you get for your money.
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