Ebbw Vale leasehold conveyancing: Q and A’s
I have just started marketing my ground floor apartment in Ebbw Vale.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge invoice – Do I pay up?
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 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've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Ebbw Vale. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Ebbw Vale ?
Most houses in Ebbw Vale are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Ebbw Vale in which case you should be shopping around for a Ebbw Vale conveyancing practitioner and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your lawyer will report to you on the legal implications.
I am employed by a reputable estate agency in Ebbw Vale where we have witnessed a number of flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Ebbw Vale conveyancing firms. Could you clarify whether the owner of a flat can commence the lease extension process for the buyer?
Provided that the seller has been the owner 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. The benefit of this is that the proposed purchaser 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 simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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 buyer.
What are your top tips when it comes to finding a Ebbw Vale conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a Ebbw Vale conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Ebbw Vale conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:
- How experienced is the firm with lease extension legislation?
- Can they put you in touch with client in Ebbw Vale who can give a testimonial?
If all goes to plan we aim to complete the sale of our £ 400000 flat in Ebbw Vale next week. The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Ebbw Vale?
Ebbw Vale conveyancing on leasehold flats more often than not requires the purchaser’s conveyancer submitting enquiries for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be willing to assist. They are entitled levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some situations it exceeds £800. The management information fee required by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, otherwise the charge is not strictly payable. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to complete the sale of your home.
Ebbw Vale Conveyancing for Leasehold Flats - Examples of Questions you should consider Prior to buying
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Where a Ebbw Vale lease has no more than 80 years it will have adverse implications on the salability of the flat. Check with your bank that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering how much this will be. Remember, in most cases you will be be obliged to have been the owner of the residence for a couple of years in order to be eligible to extend the lease.
Make sure you investigate if there is anything that is prohibited in the lease. For example it is reasonably common in Ebbw Vale leases that pets are not permitted in certain buildings in Ebbw Vale. If you love the propertyin Ebbw Vale however your cat is not allowed to move with you then you will be presented with a hard compromise.