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Questions and Answers: Winchcombe leasehold conveyancing

Expecting to exchange soon on a leasehold property in Winchcombe. Conveyancing lawyers have said that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

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

  • Defining your rights in relation to the communal areas in the building.For instance, does the lease grant a right of way over a path or staircase?
  • Does the lease prevent you from subletting the property, or working from home
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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.
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Winchcombe please ask your solicitor in advance of your conveyancing in Winchcombe

    • I have just appointed agents to market my garden flat in Winchcombe.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge demand – Do I pay up?

    It best that you discharge 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 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 own a leasehold flat in Winchcombe. Conveyancing and Chelsea Building Society mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Winchcombe who previously acted has now retired.Any advice?

    The first thing you should do is contact HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Winchcombe conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Last month I purchased a leasehold house in Winchcombe. Do I have any liability for service charges relating to a period prior to completion of my purchase?

    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. Strange as it may seem, 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).

    What are your top tips when it comes to choosing a Winchcombe conveyancing practice to deal with our lease extension?

    When appointing a solicitor for lease extension works (regardless if they are a Winchcombe 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 Winchcombe conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If they are not ALEP accredited then what is the reason?
  • What volume of lease extensions have they conducted in Winchcombe in the last twenty four months?

    • Winchcombe Conveyancing for Leasehold Flats - Examples of Queries before Purchasing

      How long is the Lease? The majority of Winchcombe leasehold flats will be liable to pay a service charge for maintenance of the building levied by the management company. Where you purchase the flat you will have to meet this charge, usually quarterly during the year. This could differ from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay yearly, this is usually not a large figure, say about £25-£75 but you should to enquire it because sometimes it can be many hundreds of pounds. You will want to find out as much as possible regarding the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the communal areas. Ask other people what they think of them. On a final note, investigate as to the dates that the maintenance charges are due to the managing agents and specifically how they are spending that money.

    Other Topics

    Lease Extensions in Winchcombe