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Examples of recent questions relating to leasehold conveyancing in Wigan

Looking forward to complete next month on a garden flat in Wigan. Conveyancing lawyers inform me that they are sending me a report within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Wigan should include some of the following:

  • You should be sent a copy of the lease
  • Will you be prohibited or prevented from having pets in the property?
  • Whether your lease has a provision for a reserve fund?
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For details of the information to be contained in your report on your leasehold property in Wigan please enquire of your conveyancer in ahead of your conveyancing in Wigan

    • My wife and I purchased a leasehold house in Wigan. Conveyancing and National Westminster Bank mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Wigan who acted for me is not around.What should I do?

    The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Wigan conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Last month I purchased a leasehold house in Wigan. Do I have any liability for service charges relating to a period prior to my ownership?

    In a situation 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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure 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 choosing a Wigan conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Wigan conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Wigan conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

    • If the firm is not ALEP accredited then what is the reason?
  • What volume of lease extensions have they conducted in Wigan in the last 12 months?

    • Do you have any advice for leasehold conveyancing in Wigan from the perspective of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Wigan can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the buyers conveyancers.
    • Many freeholders or Management Companies in Wigan charge for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Wigan.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing 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 are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unresolved.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a re-issued share certificate is often a time consuming formality and delays many a Wigan conveyancing transaction. Where a new share certificate is required, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Wigan Conveyancing for Leasehold Flats - A selection of Queries before buying

      Best to be warned whether window replacement or some other major work is due shortly to be shared by the leasehold owners and may well dramatically increase the the maintenance charges or result in a one time invoice. Be sure to investigate if there are any onerous restrictions in the lease. By way of example it is fairly common in Wigan leases that pets are not permitted in certain buildings in Wigan. If you like the flatin Wigan however your cat can’t live with you then you will be presented with a difficult choice. Its a good idea to find out as much as possible about the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the communal areas. Enquire of prospective neighbours whether they are happy with their management. Finally, be sure you know the dates that the maintenance charges are due to the appropriate party and specifically what you get for your money.

    Other Topics

    Lease Extensions in Wigan