Fixed-fee leasehold conveyancing in Halkyn:

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Common questions relating to Halkyn leasehold conveyancing

I’m about to sell my ground floor apartment in Halkyn.Conveyancing has not commenced but I have just received a half-yearly maintenance charge demand – Do I pay up?

The sensible thing to do is clear 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 managing agents 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. This will smooth the conveyancing process.

I work for a busy estate agency in Halkyn where we see a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Halkyn conveyancing solicitors. Could you shed some light as to whether the seller 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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.

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

When appointing a property lawyer for your lease extension (regardless if they are a Halkyn conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Halkyn conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Halkyn who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Halkyn with the purpose of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Halkyn can be avoided where you get in touch lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers.
    • The majority freeholders or managing agents in Halkyn levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Halkyn.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Halkyn state that internal structural alterations or laying down wooden flooring require a licence issued by the Landlord acquiescing to such works. If you fail to have the consents to hand you should not communicate with the landlord without checking with your conveyancer in advance.
  • A minority of Halkyn leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Arranging a re-issued share certificate is often a time consuming process and slows down many a Halkyn conveyancing transaction. Where a reissued share certificate is needed, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

    • If all goes to plan we aim to complete our sale of a £175000 flat in Halkyn in 10 days. The landlords agents has quoted £420 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Halkyn?

    Halkyn conveyancing on leasehold maisonettes normally requires the buyer’s lawyer submitting questions for the landlord to answer. Although the landlord is not legally bound to answer these enquiries most will be content to do so. They are at liberty levy a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some situations it exceeds £800. The administration charge demanded by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the charge is not strictly payable. In reality you have no choice but to pay whatever is requested of you should you wish to sell the property.

    Leasehold Conveyancing in Halkyn - Sample of Questions you should ask Prior to Purchasing

      Best to be warned if redecorating or some other major work is anticipated that will be shared between the leasehold owners and will dramatically increase the the service fees or result in a specific payment. Is there a share of the freehold? Are any of leasehold owners in arrears of their service charge liability?

    Other Topics

    Lease Extensions in Halkyn