Top Five Questions relating to West Moors leasehold conveyancing
I am in need of some leasehold conveyancing in West Moors. Before I get started I require certainty as to the unexpired term of the lease.
Assuming the lease is registered - and 99.9% are in West Moors - 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 am hoping to sign contracts shortly on a basement flat in West Moors. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in West Moors should include some of the following:
- You should be sent a copy of the lease
I’m about to sell my 2 bed apartment in West Moors.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should clear 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 managing agents 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've recently bought a leasehold property in West Moors. 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 owner 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 £250000 garden flat in West Moors on Tuesday in a week. The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in West Moors?
West Moors conveyancing on leasehold flats often requires the purchaser’s solicitor submitting questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be willing to assist. They may invoice a reasonable administration fee for answering 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 exceeds £800. The administration charge invoiced by the landlord must be sent together with a synopsis of rights and obligations in respect of administration charges, otherwise the invoice is not strictly payable. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to sell the property.
West Moors Leasehold Conveyancing - A selection of Queries Prior to buying
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Make sure you discover if there is anything that is prohibited in the lease. For instance it is very common in West Moors leases that pets are not allowed in in a block in West Moors. If you love the flatin West Moors however your cat is not allowed to make the move with you then you have a very difficult compromise.
How long is the Lease?
The prefered form of lease structure is where the freehold reversion is owned by the leaseholders. In this situation the tenants benefit from control and although a managing agent is usually retained if the building is larger than a house conversion, the managing agent employed by the leaseholders.
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