Recently asked questions relating to Ickenham leasehold conveyancing
I am in need of some leasehold conveyancing in Ickenham. Before I get started I want to be sure as to the number of years remaining on the lease.
Assuming the lease is registered - and 99.9% are in Ickenham - 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.
I've found a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Ickenham. Conveyancing advisers have are about to be appointed. Will they explain the issues?
The majority of houses in Ickenham are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Ickenham so you should seriously consider looking for a Ickenham conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your lawyer should appraise you on the various issues.
Back In 2001, I bought a leasehold flat in Ickenham. Conveyancing and HSBC Bank mortgage are in place. 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 1996. The conveyancing solicitor in Ickenham who acted for me is not around.Any advice?
First contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Ickenham conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold house in Ickenham. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous owner 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
Can you provide any advice for leasehold conveyancing in Ickenham from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Ickenham can be reduced if you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the buyers representatives.
- In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Ickenham leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord consenting to such changes. If you fail to have the paperwork to hand do not communicate with the landlord without checking with your lawyer in advance.
- Some Ickenham leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are 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 buyers or their solicitors.
- If you are supposed to have a share in the freehold, you should make sure that you have the original share certificate. Obtaining a replacement share certificate is often a time consuming process and delays many a Ickenham home move. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.
- You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.
My wife and I have hit a brick wall in trying to purchase the freehold in Ickenham. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We can put you in touch with a Ickenham conveyancing firm who can help.
An example of a Lease Extension case for a Ickenham flat is Flat 72 Queens Walk in January 2013. The Tribunals calculated the premium payable to be £22,090. This case affected 1 flat. The the number of years remaining on the existing lease(s) was 53.26 years.
Ickenham Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
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What is the name of the managing agents?
It is important to be aware whether window replacement or some other major work is coming up to be shared by the tenants and may well dramatically increase the the service charges or require a one time invoice.