Leasehold Conveyancing in Whaley Bridge - Get a Quote from the leasehold experts approved by your lender

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Top Five Questions relating to Whaley Bridge leasehold conveyancing

I am on look out for some leasehold conveyancing in Whaley Bridge. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Whaley Bridge - 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've recently bought a leasehold property in Whaley Bridge. Am I liable to pay service charges relating to a period prior to completion of my purchase?

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. Strange as it may seem, 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).

Can you offer any advice when it comes to appointing a Whaley Bridge conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Whaley Bridge conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Whaley Bridge conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • Can they put you in touch with client in Whaley Bridge who can give a testimonial?
  • What are the charges for lease extension conveyancing?

  • Do you have any advice for leasehold conveyancing in Whaley Bridge with the intention of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Whaley Bridge can be reduced where you appoint lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Whaley Bridge charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Whaley Bridge.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Whaley Bridge leases often stipulate that internal structural changes or addition of wooden flooring require a licence from the Landlord consenting to such works. If you dont have the paperwork to hand you should not communicate with the landlord without checking with your solicitor before hand.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Organising a new share certificate is often a lengthy formality and slows down many a Whaley Bridge home move. If a duplicate share is needed, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

  • If all goes to plan we aim to complete our sale of a £300000 garden flat in Whaley Bridge next week. The freeholder has quoted £384 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Whaley Bridge?

    Whaley Bridge conveyancing on leasehold flats usually involves the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries most will be willing to do so. They may levy a reasonable administration fee for responding to enquiries 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 situations it is above £800. The management information fee levied by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. In reality you have little choice but to pay whatever is requested of you if you want to sell the property.

    I am the registered owner of a ground floor flat in Whaley Bridge, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Whaley Bridge with over 90 years remaining are worth £228,000. The ground rent is £65 per annum. The lease finishes on 21st October 2077

    You have 53 years remaining on your lease we estimate the premium for your lease extension to be between £36,100 and £41,800 plus costs.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Whaley Bridge