Guaranteed fixed fees for Leasehold Conveyancing in Trelogan

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Recently asked questions relating to Trelogan leasehold conveyancing

I am in need of some leasehold conveyancing in Trelogan. Before I get started I would like to find out the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Trelogan - 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.

I own a leasehold flat in Trelogan. Conveyancing and National Westminster Bank mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Trelogan who acted for me is not around.What should I do?

The first thing you should do is contact HMLR to make sure that this person is indeed the new freeholder. There is no need to instruct a Trelogan conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I've recently bought a leasehold flat in Trelogan. Do I have any liability for service charges for periods before my ownership?

In a situation 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).

We expect to complete the disposal of our £150000 apartment in Trelogan next Wednesday . The landlords agents has quoted £384 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Trelogan?

Trelogan conveyancing on leasehold maisonettes normally necessitates the buyer’s conveyancer submitting enquiries for the landlord to address. Although the landlord is not legally bound to address such questions the majority will be willing to do so. They may charge a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that one has little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

What are the frequently found problems that you see in leases for Trelogan properties?

There is nothing unique about leasehold conveyancing in Trelogan. All leases are individual and legal mistakes in the legal wording can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

  • A provision to repair to or maintain elements of the premises
  • A duty to insure the building
  • 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

You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Barnsley Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to pull out.

Trelogan Conveyancing for Leasehold Flats - A selection of Questions you should consider before Purchasing

    Generally speaking the outlay for major works are not included within maintenance charges, albeit that some managing agents in Trelogan require tenants to pay into a sinking fund and this is used to offset against major works. Is anyone aware of any major works in the near future that will add a premium to the service fees? If a Trelogan lease has less than eighty years it will have adverse implications on the value of the property. Check with your lender that they are happy with the length of the lease. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth finding out what this would cost. For most Treloganlease extensions you would be be obliged to have owned the premises for 24 months before you are eligible to extend the lease.

Other Topics

Lease Extensions in Trelogan