Frequently asked questions relating to Forest Row leasehold conveyancing
Due to sign contracts shortly on a studio apartment in Forest Row. Conveyancing lawyers have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Forest Row should include some of the following:
- The unexpired lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Forest Row. Conveyancing advisers have not yet been instructed. Will they explain the issues?
Most houses in Forest Row are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Forest Row in which case you should be looking for a Forest Row conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should appraise you on the various issues.
I've recently bought a leasehold house in Forest Row. Am I liable to pay service charges relating to a period prior to my ownership?
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. However, 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 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 reputable estate agency in Forest Row where we have experienced a few leasehold sales derailed as a result of short leases. I have received inconsistent advice from local Forest Row conveyancing firms. Could you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
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.
Can you provide any advice for leasehold conveyancing in Forest Row with the aim of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Forest Row can be reduced where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
- If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Forest Row state that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. If you fail to have the approvals in place do not contact the landlord without contacting your lawyer before hand.
Forest Row Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying
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How much is the yearly service fee and ground rent?
For most Forest Row leaseholds the cost for major works tend not to be built into the service charges, although some managing agents in Forest Row ask leasehold owners to contribute towards a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.
What is the length of the lease?
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