Due to complete next month on a basement flat in St Annes Park. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in St Annes Park should include some of the following:

• Setting out your legal entitlements in relation to common areas in the building.For instance, does the lease contain a right of way over an accessway or staircase?

I have just appointed agents to market my 2 bed flat in St Annes Park.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is discharge 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in St Annes Park. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in St Annes Park ?

Most houses in St Annes Park are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in St Annes Park so you should seriously consider looking for a St Annes Park conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority 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 such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

I've recently bought a leasehold house in St Annes Park. Am I liable to pay service charges for periods before my ownership?

In a situation 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 ensure 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).

Are there common defects that you encounter in leases for St Annes Park properties?

There is nothing unique about leasehold conveyancing in St Annes Park. All 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 elements of the property
• Insurance obligations
• 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 primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Barnsley Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.

St Annes Park Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

It would be wise to find out as much as you can about the company managing the block as they can either make your living at the property much easier or problematic. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to daily matters such as the tidiness of the common parts. Enquire of prospective neighbours whether they are happy with them. In conclusion, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money. It is important to be aware whether fixing the lift or some other major work is due in the near future that will be shared between the leasehold owners and will materially increase the the service fees or require a one off payment. Many St Annes Park leasehold apartments will be liable to pay a service bill for the upkeep of the building invoiced by the management company. If you purchase the apartment you will have to meet this contribution, usually in instalments throughout the year. This may be anything from several hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a rentcharge for you to pay annual, normally this is not a significant figure, say about £25-£75 but you need to check it because sometimes it could be surprisingly expensive.

Other Topics

Lease Extensions in St Annes Park