Planning to complete next month on a leasehold property in Winchelsea. Conveyancing solicitors assured me that they report fully next week. What should I be looking out for?

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

• You should be sent a copy of the lease

Setting out your rights in relation to the communal areas in the building.E.G., does the lease include a right of way over an accessway or staircase?

Do you need to have carpet in the flat or are you allowed wood flooring?

Ground rent - how much and when you need to pay, and also know whether this is subject to change

Whether your lease has a provision for a sinking fund?

Repair and maintenance of the flat

What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Winchelsea please enquire of your conveyancer in advance of your conveyancing in Winchelsea

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Winchelsea. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Winchelsea ?

The majority of houses in Winchelsea are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Winchelsea so you should seriously consider looking for a Winchelsea conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the estate where the property is located on an estate. Your conveyancer should appraise you on the various issues.

I own a leasehold house in Winchelsea. Conveyancing and Skipton Building Society mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Winchelsea who previously acted has long since retired.What should I do?

First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Winchelsea conveyancing firm to do this as you can do this on the Land Registry website 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.

Last month I purchased a leasehold house in Winchelsea. 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 lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 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).

All being well we will complete the disposal of our £275000 maisonette in Winchelsea next Thursday . The freeholder has quoted £312 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 Winchelsea?

Winchelsea conveyancing on leasehold maisonettes typically results in fees being invoiced by freeholders :

• Addressing conveyancing due diligence enquiries
• Where consent is required before sale in Winchelsea
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Winchelsea leasehold premises is £350. For Winchelsea 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 obliged to provide the information.

Winchelsea Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying

Does the lease have onerous restrictions? Are there any major works in the planning that will increase the service fees? In the main the cost for major works tend not to be incorporated into the maintenance charges, albeit that there some managing agents in Winchelsea obliged leaseholders to contribute towards a reserve fund and this is used to offset against major works.

Other Topics

Lease Extensions in Winchelsea