I am in need of some leasehold conveyancing in Burwash. Before I get started I require certainty as to the remaining lease term.

If the lease is registered - and 99.9% are in Burwash - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

There are only 62 years left on my flat in Burwash. I now want to extend my lease but my landlord is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have done all that could be expected to find the freeholder. On the whole an enquiry agent would be helpful to carry out a search and prepare an expert document which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Burwash.

I am hoping to sign contracts shortly on a garden flat in Burwash. Conveyancing lawyers assured me that they will have a report out to me on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Burwash should include some of the following:

• The physical extent of the property. This will be the apartment itself but may incorporate a loft or basement if appropriate.

We expect to complete our sale of a £275000 flat in Burwash in just under a week. The managing agents has quoted £420 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Burwash?

Burwash conveyancing on leasehold flats more often than not necessitates the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries most will be willing to assist. They are entitled levy a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in relation to administration fees, without which the charge is not strictly payable. In reality one has little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

What are the common defects that you see in leases for Burwash properties?

Leasehold conveyancing in Burwash is not unique. Most leases are unique and legal mistakes in the legal wording can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Barnsley Building Society, and Barclays Direct all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

Burwash Leasehold Conveyancing - Examples of Queries Prior to buying

Best to be warned whether redecorating or some other major work is due shortly to be shared by the leaseholders and could well materially impact the level of the service charges or necessitate a specific invoice. Are there any major works anticipated that will likely increase the maintenance fees? If a Burwash lease has no more than eighty years it will have adverse implications on the marketability of the property. It is worth checking with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably require a lease extension sooner rather than later and it is worth finding out what this will be. For most Burwashlease extensions you will need to own the property for 24 months in order to be eligible to carry out a lease extension.

Other Topics

Lease Extensions in Burwash