Having had my offer accepted I require leasehold conveyancing in Whitehaven. Before diving in I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and 99.9% are in Whitehaven - 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 have just started marketing my basement flat in Whitehaven.Conveyancing has not commenced but I have just received a half-yearly maintenance charge invoice – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should discharge 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 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. Having a clear account will assist your cause and will leave you no worse off financially.

What are your top tips when it comes to appointing a Whitehaven conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Whitehaven conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Whitehaven conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• How experienced is the practice with lease extension legislation?
• What are the costs for lease extension conveyancing?

Can you provide any advice for leasehold conveyancing in Whitehaven from the perspective of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Whitehaven can be bypassed where you instruct lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
• Many freeholders or managing agents in Whitehaven charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Whitehaven.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Whitehaven state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such works. Should you fail to have the paperwork to hand you should not communicate with the landlord without contacting your lawyer first.
• If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle 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 particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than ongoing.
• You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

In relation to leasehold conveyancing in Whitehaven what are the most common lease defects?

Leasehold conveyancing in Whitehaven is not unique. Most leases are individual and drafting errors can result in certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Bank of Scotland, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

Leasehold Conveyancing in Whitehaven - Sample of Queries Prior to buying

In the main the cost for major works are not incorporated into the maintenance charges, although some managing agents in Whitehaven ask leaseholders to pay into a reserve fund created for the specific intention of establishing a fund for major works. Is anyone aware of any major works on the horizon that will add a premium to the service fees? Make sure you enquire if the the lease contains any adverse restrictions in the lease. By way of example plenty of leases prohibit pets being permitted in in a block in Whitehaven. If you like the propertyin Whitehaven however your dog can’t make the move with you then you have a very hard compromise.