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Waddon leasehold conveyancing Example Support Desk Enquiries

Estate agents have just been given the go-ahead to market my ground floor apartment in Waddon.Conveyancing solicitors are to be appointed soon but I have just received a quarterly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should pay 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 unless 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.

My wife and I purchased a leasehold flat in Waddon. Conveyancing and TSB mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing solicitor in Waddon who acted for me is not around.Do I pay?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. There is no need to incur the fees of a Waddon conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agency in Waddon where we see a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given conflicting advice from local Waddon conveyancing firms. Please can you clarify whether the owner of a flat can start the lease extension process for the buyer?

Provided that 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. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible 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 buyer.

What advice can you give us when it comes to choosing a Waddon conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Waddon conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Waddon conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

  • If they are not ALEP accredited then what is the reason?
  • How many lease extensions has the firm carried out in Waddon in the last 12 months?

  • Do you have any top tips for leasehold conveyancing in Waddon with the aim of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Waddon can be avoided if you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information needed by the buyers representatives.
    • Many landlords or Management Companies in Waddon levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Waddon.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Waddon leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord approving such changes. If you dont have the paperwork to hand you should not contact the landlord without contacting your conveyancer first.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share certificate. Obtaining a new share certificate is often a time consuming process and frustrates many a Waddon home move. Where a new share certificate is necessary, do contact the company officers or managing agents (where applicable) for this as soon as possible.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is less than 80 years. In the circumstances it is essential 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.

  • Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in Waddon. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    Where there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to arrive at the premium.

    An example of a Freehold Enfranchisement decision for a Waddon property is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case related to 4 flats. The remaining number of years on the lease was 98 years.

    Other Topics

    Lease Extensions in Waddon