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 since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Wragby. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in Wragby are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Wragby so you should seriously consider shopping around for a Wragby conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should advise you fully on all the issues.

My wife and I purchased a leasehold house in Wragby. Conveyancing and Santander mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Wragby who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Wragby conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold house in Wragby. 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 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).

I work for a busy estate agency in Wragby where we see a few flat sales jeopardised due to short leases. I have been given inconsistent advice from local Wragby conveyancing firms. Can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the buyer?

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. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

An alternative approach is 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 purchaser.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £350000 maisonette in Wragby next week. The landlords agents has quoted £396 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Wragby?

Wragby conveyancing on leasehold maisonettes more often than not involves the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be willing to assist. They are entitled invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The administration charge required by the landlord must be sent together with a summary of rights and obligations in respect of administration charges, otherwise the charge is technically not due. In reality you have no option but to pay whatever is demanded if you want to complete the sale of your home.

Wragby Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

You should want to find out as much as you can concerning the managing agents as they will affect 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 matters like the upkeep of the common parts. Ask other people whether they are happy with them. Finally, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically how they are spending that money. It would be sensible to enquire if the the lease contains any onerous restrictions in the lease. By way of example it is very common in Wragby leases that pets are not allowed in certain buildings in Wragby. If you like the flatin Wragby yet your cat can’t make the move with you then you have a very hard determination. This information is helpful as a) areas can cause problems for the building as the communal areas may start to deteriorate where maintenance remain unpaid b) if the leasehold owners have a dispute with the running of the building you will wish to have all the details

Other Topics

Lease Extensions in Wragby