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Common questions relating to Datchet leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Datchet. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and 99.9% are in Datchet - then the leasehold title will always include the basic details 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.

Due to sign contracts shortly on a garden flat in Datchet. Conveyancing lawyers inform me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

  • You should receive a copy of the lease
  • How long the lease is You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • The total extent of the demise. This will be the flat itself but may incorporate a loft or basement if applicable.
  • Defining your rights in relation to common areas in the block.E.G., does the lease contain a right of way over a path or hallways?
  • You should have a good understanding of the insurance provisions
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Datchet please enquire of your conveyancer in advance of your conveyancing in Datchet

    • I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Datchet. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Datchet ?

    Most houses in Datchet are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Datchet so you should seriously consider shopping around for a Datchet conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should report to you on the legal implications.

    My wife and I purchased a leasehold flat in Datchet. Conveyancing and Barclays mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Datchet who previously acted has long since retired.Any advice?

    The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Datchet conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Do you have any top tips for leasehold conveyancing in Datchet with the purpose of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Datchet can be avoided where you instruct lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the buyers representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Datchet state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such works. Should you dont have the consents in place do not contact the landlord without checking with your lawyer first.
  • A minority of Datchet leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be concerned about purchasing a property where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than unsettled.
  • You believe that you know the number of years left on your lease but you should double-check by asking your conveyancers. A buyer’s conveyancer will not be happy to advise their client to where the lease term is below 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Datchet - A selection of Questions you should consider before Purchasing

      It would be wise to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to day to day matters such as the upkeep of the communal areas. Ask other tenants what they think of them. On a final note, find out the dates that you are obliged pay the maintenance charge to the relevant party and specifically what it includes. How many years are left on the lease? Be sure to enquire if there are any onerous prohibitions in the lease. By way of example it is fairly common in Datchet leases that pets are not permitted in certain buildings in Datchet. If you like the propertyin Datchet however your dog can’t live with you then you have a very difficult choice.

    Other Topics

    Lease Extensions in Datchet