Questions and Answers: Hartford leasehold conveyancing
I have just started marketing my ground floor flat in Hartford.Conveyancing is yet to be initiated but I have just had a half-yearly service charge invoice – Do I pay up?
It best that you pay the service charge 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. Having a clear account will assist your cause and will leave you no worse off financially.
Back In 2004, I bought a leasehold flat in Hartford. Conveyancing and Barclays mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Hartford who acted for me is not around.What should I do?
First contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Hartford conveyancing lawyer to do this as it can be done on-line for a few pound. You should note 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.
What are your top tips when it comes to finding a Hartford conveyancing firm to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Hartford conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Hartford conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How experienced is the practice with lease extension legislation?
We expect to complete the sale of our £425000 maisonette in Hartford on Friday in a week. The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Hartford?
Hartford conveyancing on leasehold flats normally results in administration charges raised by managing agents :
- Answering pre-contract enquiries
- Where consent is required before sale in Hartford
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Are there common defects that you encounter in leases for Hartford properties?
There is nothing unique about leasehold conveyancing in Hartford. Most leases are individual and drafting errors can sometimes mean that certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain parts of the property
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Chelsea Building Society, and TSB all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to withdraw.
Hartford Leasehold Conveyancing - A selection of Queries Prior to buying
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It is important to be aware whether window replacement or some other major work is pending to be shared by the tenants and will materially impact the level of the maintenance fees or require a one time invoice.
How much is the maintenance charge and ground rent on the apartment?
Please note if it is fewer than eighty years it will impact the value of the flat. It is worth checking with your bank that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will probably need a lease extension sooner rather than later and it is worth finding out what this would cost. Remember, in most cases you will be required to have owned the property for a couple of years in order to be entitled to carry out a lease extension.
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