Leasehold Conveyancing in Datchet - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Datchet, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Clydesdale , Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their approved list. Feel free to use our search tool

Datchet leasehold conveyancing Example Support Desk Enquiries

Expecting to sign contracts shortly on a basement flat in Datchet. Conveyancing lawyers assured me that they are sending me a report tomorrow. What should I be looking out for?

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

  • The physical extent of the premises. This will be the property itself but may incorporate a roof space or basement if appropriate.
  • Defining your legal entitlements in respect of common areas in the building.E.G., does the lease permit a right of way over a path or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a sinking fund?
  • Responsibility for repairing the window frames
  • What options are open to you if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Datchet please enquire of your lawyer in advance of your conveyancing in Datchet

    • I have just appointed agents to market my 2 bed apartment in Datchet.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly maintenance charge demand – Do I pay up?

    It best that you discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    Last month I purchased a leasehold flat in Datchet. Do I have any liability for service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    I am a negotiator for a reputable estate agent office in Datchet where we see a few flat sales jeopardised due to short leases. I have received conflicting advice from local Datchet conveyancing solicitors. Could you clarify whether the seller of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

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

    • A significant proportion of the delay in leasehold conveyancing in Datchet can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Datchet state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such alterations. Where you fail to have the paperwork to hand you should not contact the landlord without checking with your solicitor in advance.
  • Some Datchet leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate can be a time consuming process and slows down many a Datchet conveyancing deal. If a reissued share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • Leasehold Conveyancing in Datchet - A selection of Questions you should ask Prior to buying

      You should be aware if it is no more than eighty years it will impact the marketability of the flat. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will probably have to extend the lease at some point and it is worth discovering what this would cost. For most Datchetlease extensions you will need to own the residence for a couple of years before you are entitled to extend the lease. It would be prudent to discover if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in certain buildings in Datchet. If you love the apartmentin Datchet but your cat can’t live with you then you will be faced hard choice. Its a good idea to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the upkeep of the common parts. Don't be shy to ask other people what they think of them. On a final note, be sure you discover the dates that you are obliged pay the service charge to the appropriate party and precisely what it includes.

    Other Topics

    Lease Extensions in Datchet