Expecting to sign contracts shortly on a ground floor flat in Birkenhead. Conveyancing lawyers assured me that they will have a report out to me tomorrow. What should I be looking out for?

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

• The total extent of the property. This will be the property itself but may incorporate a roof space or cellar if appropriate.
• Setting out your legal entitlements in respect of the communal areas in the building.For example, does the lease grant a right of way over an accessway or staircase?
• Does the lease prevent you from subletting the flat, or working from home
• You must be told what constitutes a Nuisance in the lease
• Repair and maintenance of the flat
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What you can do if a neighbour is in violation of a provision in their lease?

I’m about to sell my ground floor flat in Birkenhead.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is pay 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 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 own a leasehold flat in Birkenhead. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Birkenhead who previously acted has long since retired.Do I pay?

The first thing you should do is contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Birkenhead conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to choosing a Birkenhead conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Birkenhead conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Birkenhead conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How familiar is the firm with lease extension legislation?
• How many lease extensions has the firm conducted in Birkenhead in the last year?

Do you have any top tips for leasehold conveyancing in Birkenhead from the perspective of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Birkenhead can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ solicitors.
• The majority landlords or managing agents in Birkenhead charge for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Birkenhead.
• Some Birkenhead leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
• If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be warry about purchasing a property 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 the buyers completing the purchase. 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 details of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled.
• If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a duplicate share certificate can be a lengthy process and slows down many a Birkenhead home move. Where a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.

Birkenhead Conveyancing for Leasehold Flats - Examples of Questions you should ask before buying

Is anyone aware of any major works anticipated that could increase the maintenance costs? How much is the ground rent and service charge?