Bootle leasehold conveyancing Example Support Desk Enquiries
My wife and I purchased a leasehold flat in Bootle. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Bootle who acted for me is not around.Do I pay?
The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to instruct a Bootle conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold property in Bootle. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation 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. 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).
Can you provide any top tips for leasehold conveyancing in Bootle from the point of view of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Bootle can be avoided where you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
- Many landlords or Management Companies in Bootle charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Bootle.
If all goes to plan we aim to complete the sale of our £300000 garden flat in Bootle in 5 days. The landlords agents has quoted £348 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Bootle?
Bootle conveyancing on leasehold flats normally involves the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be willing to do so. They are entitled charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge invoiced by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, without which the charge is not strictly payable. In reality you have no option but to pay whatever is demanded should you wish to sell the property.
What makes a Bootle lease defective?
There is nothing unique about leasehold conveyancing in Bootle. All leases are unique and drafting errors can result in certain provisions are wrong. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the building
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, The Royal Bank of Scotland, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.
Leasehold Conveyancing in Bootle - Sample of Queries before Purchasing
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This information is helpful as a) areas could cause problems for the building as the common areas may start to deteriorate if repairs are not paid for b) if the tenants have an issue with the running of the building you will want to have all the details
The majority of Bootle leasehold apartments will have a service bill for maintenance of the building set by the management company. Should you buy the flat you will have to meet this amount, usually quarterly accross the year. This can be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a rentcharge for you to pay yearly, this is usually not a significant amount, say approximately £25-£75 but you need to enquire as on occasion it can be prohibitively expensive.
Who manages the block?
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