Expecting to exchange soon on a leasehold property in Whiston. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Whiston should include some of the following:

• The physical extent of the property. This will be the flat itself but may incorporate a roof space or basement if appropriate.

I’m about to sell my garden apartment in Whiston.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – Do I pay up?

The sensible thing to do is pay 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 managing agents will not acknowledge the buyer until 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 today plan to offer on a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Whiston. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

Most houses in Whiston are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Whiston so you should seriously consider shopping around for a Whiston conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

I am a negotiator for a reputable estate agency in Whiston where we have witnessed a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Whiston conveyancing firms. Can you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 advice can you give us when it comes to appointing a Whiston conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Whiston conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Whiston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How experienced is the firm with lease extension legislation?

Whiston Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

Plenty Whiston leasehold properties will have a service charge for the upkeep of the block levied by the management company. Where you purchase the apartment you will have to pay this charge, normally periodically during the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a rentcharge for you to pay yearly, this is usually not a exorbitant sum, say around £25-£75 but you need to check as occasionally it could be many hundreds of pounds. Its a good idea to discover as much as you can about the managing agents as they can either make life much simpler or problematic. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters such as the cleanliness of the common parts. Ask other tenants if they are happy with their service. On a final note, find out the dates that you are obliged pay the maintenance charge to the relevant party and specifically what it includes. How much is the service charge and ground rent on the property?

Other Topics

Lease Extensions in Whiston