Fixed-fee leasehold conveyancing in Howden:

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Howden leasehold conveyancing: Q and A’s

Due to exchange soon on a basement flat in Howden. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Howden should include some of the following:

  • You should receive a copy of the lease
  • The physical extent of the demise. This will be the apartment itself but might include a loft or cellar if appropriate.
  • Setting out your rights in relation to common areas in the building.For instance, does the lease grant a right of way over an accessway or hallways?
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Whether your lease has a provision for a reserve fund?
  • Changes to the flat (alterations and additions) For a comprehensive list of information to be contained in your report on your leasehold property in Howden please enquire of your lawyer in advance of your conveyancing in Howden

  • Estate agents have just been given the go-ahead to market my ground floor flat in Howden.Conveyancing has not commenced but I have just received a half-yearly service charge demand – what should I do?

    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 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.

    Back In 2001, I bought a leasehold house in Howden. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Howden who previously acted has long since retired.What should I do?

    The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Howden conveyancing practitioner 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 rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I've recently bought a leasehold property in Howden. Do I have any liability for 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. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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).

    Completion in due on the sale of our £375000 flat in Howden next Thursday . The management company has quoted £324 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Howden?

    For most leasehold sales in Howden conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Answering pre-contract questions
    • Where consent is required before sale in Howden
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Howden leasehold premises is £350. For Howden conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply the information.

    Leasehold Conveyancing in Howden - A selection of Queries Prior to buying

      Generally speaking the cost for major works are not built into the maintenance charges, albeit that some managing agents in Howden ask leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for larger works. The answer will be important as a) areas may result in problems in the block as the common areas may begin to deteriorate if services remain unpaid b) if the tenants have an issue with the managing agents you will need to have full disclosure The best form of lease structure is a share of the freehold. In this scenario the tenants enjoy control and although a managing agent is frequently employed where the building is larger than a house conversion, the managing agent employed by the leaseholders.

    Other Topics

    Lease Extensions in Howden