Having had my offer accepted I require leasehold conveyancing in St Andrews. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.

If the lease is registered - and most are in St Andrews - 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.

I want to rent out my leasehold apartment in St Andrews. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your previous St Andrews conveyancing solicitor is not around you can check your lease to check if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek consent via your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without prior permission. The consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Back In 2002, I bought a leasehold house in St Andrews. Conveyancing and The Royal Bank of Scotland mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in St Andrews who previously acted has long since retired.Do I pay?

The first thing you should do is 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 St Andrews conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to appointing a St Andrews conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a St Andrews conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with two or three firms including non St Andrews conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

• If they are not ALEP accredited then why not?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £200000 flat in St Andrews in just under a week. The landlords agents has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in St Andrews?

St Andrews conveyancing on leasehold flats normally requires the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries the majority will be willing to assist. They are entitled invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The management information fee levied by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration fees, without which the charge is not strictly payable. In reality one has no option but to pay whatever is requested of you if you want to sell the property.

St Andrews Conveyancing for Leasehold Flats - Examples of Queries before buying

On the whole the cost for major works are not wrapped into the maintenance charges, albeit that there some managing agents in St Andrews require leasehold owners to pay into a reserve fund and this is used to offset against major works. You should want to find out as much as you can about the company managing the building as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to daily matters such as the tidiness of the common parts. You should not be shy to ask other people whether they are happy with them. Finally, investigate as to the dates that the maintenance charges are due to the appropriate party and precisely what you get for your money. Does the lease have onerous restrictions?

Other Topics

Lease Extensions in St Andrews