Top Five Questions relating to West Kirby leasehold conveyancing
I am hoping to complete next month on a basement flat in West Kirby. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in West Kirby should include some of the following:
- The total extent of the demise. This will be the flat itself but could also incorporate a roof space or cellar if appropriate.
Estate agents have just been given the go-ahead to market my basement apartment in West Kirby.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is discharge the service charge 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. This will smooth the conveyancing process.
I am employed by a reputable estate agency in West Kirby where we see a number of leasehold sales derailed as a result of short leases. I have been given contradictory information from local West Kirby conveyancing solicitors. Can you shed some light as to whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
What are your top tips when it comes to appointing a West Kirby conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a West Kirby conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non West Kirby conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- How many lease extensions has the firm carried out in West Kirby in the last twenty four months?
Can you provide any top tips for leasehold conveyancing in West Kirby from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in West Kirby can be reduced where you get in touch lawyers the minute your agents start advertising the property and ask them to collate the leasehold information needed by the purchasers’ solicitors.
- Many freeholders or managing agents in West Kirby charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in West Kirby.
West Kirby Leasehold Conveyancing - A selection of Queries before Purchasing
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Who is in charge of the building?
What prohibitions are contained in the West Kirby Lease?
This information is helpful as a) areas could result in problems in the block as the communal areas may start to deteriorate where services are not paid for b) if the tenants have a dispute with the running of the building you will need to know about it
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