The Government Says

Buying a leasehold flat: questions to put to your conveyancer

When you buy a leasehold flat, the purchase involves a lease as well as the physical property. A viewing cannot show all the obligations, restrictions and shared costs attached to that agreement. Use a structured question list with your conveyancer before committing.

Understand what you would own

Ask your conveyancer to explain the remaining lease term, the area included in the lease and any rights over shared spaces, parking or storage. Check that the written documents match what the seller and agent have described. A sales listing is not a substitute for the lease and title documents. Flag uncertainty early enough for it to be investigated.

Read the financial history

Request an explanation of current service charges, recent accounts, the budget and any reserve fund. Ask about arrears or disputes affecting the building and how future liabilities may fall under the lease. A low current charge does not by itself establish that the building is inexpensive to maintain. Ask what maintenance has been deferred and whether the information supplied is complete.

Ask about planned major work

Seek details of proposed repairs, consultation notices, estimates and work already instructed. Ask who is expected to pay and whether the seller has received relevant correspondence. Separate a known demand from an early estimate or an unresolved proposal. Your conveyancer should explain the contractual position rather than relying on an informal assurance that “the seller will cover it”.

Check restrictions against your plans

Discuss alterations, subletting, pets, home working and any intended change of use. Ask whether permissions were required for alterations already made and whether evidence is available. Do not assume that ownership of a flat gives unrestricted freedom to change it. If a particular use is essential to your purchase, obtain clear advice before proceeding.

Investigate the building as well as the flat

Ask about insurance, management arrangements, common parts and relevant fire or building safety documentation. The documents needed depend on the building and transaction. Tell your conveyancer about concerns raised by your lender or surveyor and ask how they will be resolved. A management pack should be assessed for gaps, dates and outstanding questions.

Keep a written decision record

Maintain a short list of questions, documents received and matters still unresolved. Ask for plain-language explanations of significant risks and costs. Leasehold law can change and different UK jurisdictions have different rules; this checklist is a preparation aid for advice on the actual property, not a statement that a particular lease is acceptable.

TGS