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This article was first published on the HomeOwners Alliance website.
Are you buying or do you own a leasehold flat or house? Then you need to be aware of the different on-going leasehold charges. Our handy guide sets out the questions you need to ask if you are buying and what to be aware of as an owner.
Buying a home is probably the biggest financial transaction of your life. There is pulling together the cash for a deposit, mortgage set up fees, conveyancing fees, stamp duty, moving costs. The list goes on. But it doesn’t stop there. When you move in there are ongoing costs with leasehold properties. It’s best to know what leasehold charges you can expect to pay before you buy.
What are the lease administration fees and who do I pay?When you buy, own or sell a leasehold property, many of your rights and obligations will be set out in your lease. One of your obligations may be to make certain payments to the person or the organisation responsible for managing your building. That person – the lease administrator – might be your landlord, a management company or a managing agent instructed by the landlord.
What are the main leasehold chargesThere are three types of leasehold charges: ground rent, service charges and administration charges. You should understand what you are likely to have to pay for each of these before you exchange contracts on the property you are looking to buy. If you are buying on a new build estate you may also need to pay estate management charges to pay for the upkeep of shared spaces.
You may need to make regular payments of ground rent and service charges. Service charges are your contribution to the upkeep of any shared parts of the building or grounds. In some cases, you may need to make one-off payments relating to your ownership and use of your property. For instance if you want to remortgage or make any alterations to the property. These are called administration charges.
Your solicitor or conveyancer will tell you about those payments. As they will impact your day to day outgoings, do check them if you are not 100% sure.
It is important when buying a leasehold property to ensure that all payments of ground rent, service and administration charges will be up-to-date when you complete on your purchase.
Although the lease may initially oblige you to pay a fixed amount of ground rent, it may also contain a clause which allows the landlord to increase the rent in years to come. Ask your conveyancer to explain if there are any rent review clauses in your lease. And, check what this would mean for you. If the calculations are complex, seek advice so that you are sure of how they work.
From 30th June, if you are buying a new property from the landlord, your ground rent will be zero because of recent changes to the law. The new law also covers new retirement properties, but they have been given until April 2023 to comply. For shared ownership properties, landlords will only be able to levy ground rent on the share that the tenant does not own.
Service Charges
Service charges normally vary according to the amount that is spent by the Lease Administrator each year on the upkeep of the building as a whole. This includes, for example, cleaning common areas or making repairs (such as painting the building or replacing the roof).
The charges may include buildings insurance, though, sometimes this is quoted separately.
Generally, the lease will require you to pay a fixed percentage or ‘reasonable proportion’ of the cost.
You should ask your conveyancing solicitor what items you will need to pay for. Check whether the lease administrator has any plans for expensive works for which you will be responsible. And, when payment for these will be due.
Compare conveyancing quotes from regulated and reviewed conveyancing solicitors that cover your area.
Administration Charges
The Lease Administrator is likely to charge administration fees if you ask for a service connected with your buying, selling or use of the property. The following are examples:
To ensure you are aware of any such administration costs, instruct your conveyancing solicitor to review your lease before you market the property. If you tell them about any changes you have made, they can also highlight if you need to obtain the Landlord’s consent to the changes before you sell the property. A buyer will want to see that those consents are in place. It could add delay or cost to the sale if they are not.
When buying a leasehold property, there will be additional conveyancing costs because of the extra legal work involved. For instance your conveyancing solicitor will need to check the lease and liaise with the lease administrator to get further information about the service charge or management details. You can find out more about the costs of leasehold conveyancing that can be anything from £100 to £1,000.
Administration Charges During Ownership
Disputing unreasonable Fees
Many Lease Administrators work fairly and professionally, and charge very reasonable fees for the
work that they do. But some either ignore the law or exploit a loophole in the law to charge unreasonable fees. Here’s how to dispute unreasonable fees:
If the Lease Administrator IS a member of RICS or ARMA
If the lease administrator IS a member of the Royal Institution of Chartered Surveyors (RICS) or Association of Residential Managing Agents (ARMA), they will be bound by a code of practice.
You can complain to RICS or ARMA, as well as the Lease Administrator, if a fee is unreasonable.
If the Lease Administrator Is NOT a member of RICS or ARMA or if you are not happy with their response, you do still have options
The Commonhold and Leasehold Reform Act 2002 states that lease administrators cannot charge unreasonable fees for administrative services in connection with two services:
a) the grant of consent and
b) the provision of information.
That means that for providing Leasehold property enquiries and for Consents they cannot charge an excessive fee for the work involved. Any other activity required in connection with the provision of information or consents should also be reasonable.
What to do if you are charged an unreasonable administration fee
If the lease administrator charges you an unreasonable administration charge, you can take action against them.
This might simply be a case of your conveyancer raising the issue with them and pointing out the case law. But, sometimes that causes delays and customers choose to pay the fee to obtain the information and then complain afterwards.
If the lease administrator charges an unreasonable administration charge, you can apply to the First-tier Tribunal (Property Chamber). That might sound daunting, but it is in fact a straightforward process that can be done at any time before, during or after payment has been made.
What is a reasonable leasehold administration fee?
What is a reasonable fee will depend upon the amount of work required in providing the service and the complexity of the Lease arrangements. But there are cases heard by the Tribunal where they have reviewed the evidence and decided what a reasonable fee should be on the particular facts of that case.
Further advice on your rights and leases is available via the LEASE website.
Leaseholder guide to lease administration fees
To read the pdf version of our guide to leaseholder administration fees, click here.
This article was written by the HomeOwners Alliance.