The Conveyancing in Southampton on the purchase of a leasehold flat required the substantial expertise of Conveyancer Katie Clark in 2010. The flat was in a modern development on Hill Lane, Southampton, SO15, and was being acquired by first-time buyer Ms H.
The sale had been negotiated by Morris Dibben of 53, London road, Southampton SO15 2AD, and Property Lawyers Stephens and Scown of Exeter were carrying out the Conveyancing in Southampton for the sellers.
As soon as Katie received the sales details from the agents she sent an email to the other Conveyancing Solicitors requesting the draft contract and copy lease and asked them to obtain replies from the freeholders or managing agents to comprehensive management enquiries.
Conveyancers carrying out Conveyancing in Southampton on leasehold flats always obtain full information about the building management, as clients will need to know the level of service charge they will be required to pay. Also mortgage lenders require assurance that proper arrangements are in place.
When Katie received the papers from Stephens she went through everything very carefully and had to raise a considerable number of further enquiries. The buyer had the good sense to have a building survey carried out before proceeding, and sent a copy to Katie, asking her to investigate a number of issues which had been raised by the surveyor, so these had to be added.
Amongst other things Katie noted that the lease contained a provision for any purchaser to enter into a direct deed of covenant with the freeholder to comply with the tenant’s covenants in the lease. There was also a restriction on the title register that no transfer could be registered without a certificate from the freeholders confirming that notice of assignment had been served on them, so Katie had to ensure that she had full details to enable that to be done upon completion.
Would the buyer have to pay for building works?
The replies from the managing agents indicated that they proposed to carry out some works to the building and had served a statutory notice on the vendors concerning this. The works had not been completed, so Katie needed to ascertain whether her client would have to make any contribution to the costs once they had been finished. Cases have arisen where purchasers have received unexpected bills for thousands of pounds, so it is important that they are aware of any possible such expenditure.
Once replies to these enquiries were received Katie was able to fully advise her client on all her queries, and to give her full information on the amount of the existing charges and other liabilities under the lease. Katie also made arrangements for a sum to be set aside to cover any liability of the vendors to contribute to any service charges outstanding at completion.
As soon as Ms H was happy with everything she signed the contract and arrangements were made for the transfer to be completed. The necessary notice was duly served and in due course the transfer was registered by the land registry without any problems.
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