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St Werburghs leasehold conveyancing Example Support Desk Enquiries

Due to complete next month on a garden flat in St Werburghs. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Defining your rights in respect of the communal areas in the building.For instance, does the lease provide for a right of way over an accessway or staircase?
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • You should be told what constitutes a Nuisance in the lease
  • 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
  • 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 St Werburghs please enquire of your solicitor in advance of your conveyancing in St Werburghs

    • I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in St Werburghs. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in St Werburghs ?

    Most houses in St Werburghs are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in St Werburghs in which case you should be looking for a St Werburghs conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor should appraise you on the various issues.

    I am tempted by the attractive purchase price for a couple of apartments in St Werburghs both have about forty five years unexpired on the lease term. Should I regard a short lease as a deal breaker?

    A lease is a right to use the premises for a prescribed time frame. As the lease shortens the marketability of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this arena

    Last month I purchased a leasehold property in St Werburghs. Am I liable to pay service charges for periods before my ownership?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).

    Do you have any top tips for leasehold conveyancing in St Werburghs with the intention of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in St Werburghs can be avoided where you appoint lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ representatives.
    • The majority landlords or Management Companies in St Werburghs levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in St Werburghs.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? St Werburghs leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such changes. Should you dont have the paperwork in place you should not contact the landlord without checking with your conveyancer first.
  • Some St Werburghs leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you are supposed to have a share in the freehold, you should ensure that you have the original share document. Obtaining a re-issued share certificate is often a lengthy formality and frustrates many a St Werburghs conveyancing transaction. Where a reissued share is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

    • Leasehold Conveyancing in St Werburghs - A selection of Queries before Purchasing

      The best form of lease structure is a share of the freehold. In this situation the leaseholders have control and even though a managing agent is often employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. This information is helpful as a) areas may cause problems for the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have all the details Generally speaking the cost for major works are not incorporated into the maintenance charges, although there some managing agents in St Werburghs obliged tenants to contribute towards a sinking fund and this is used to offset against larger repairs or maintenance.

    Other Topics

    Lease Extensions in St Werburghs