Fixed-fee leasehold conveyancing in Much Wenlock:

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Much Wenlock leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Much Wenlock. Before I get started I would like to find out the remaining lease term.

Assuming the lease is registered - and almost all are in Much Wenlock - 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.

Having checked my lease I have discovered that there are only 68 years unexpired on my lease in Much Wenlock. I need to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the landlord. For most situations a specialist should be helpful to try and locate and prepare a report to be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court covering Much Wenlock.

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

If you are instructing a property lawyer for your lease extension (regardless if they are a Much Wenlock conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Much Wenlock conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Much Wenlock who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Much Wenlock from the point of view of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Much Wenlock can be avoided where you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information needed by the buyers lawyers.
    • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Much Wenlock leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you dont have the paperwork to hand you should not communicate with the landlord without checking with your solicitor before hand.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic as opposed to unresolved.
  • If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share document. Arranging a re-issued share certificate can be a time consuming formality and frustrates many a Much Wenlock home move. Where a reissued share certificate is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.
  • You believe that you know the number of years remaining on your lease but you should verify this via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • When it comes to leasehold conveyancing in Much Wenlock what are the most common lease problems?

    There is nothing unique about leasehold conveyancing in Much Wenlock. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the premises
    • 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

    You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Leeds Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to pull out.

    Leasehold Conveyancing in Much Wenlock - Examples of Queries before buying

      Plenty Much Wenlock leasehold flats will have a service bill for maintenance of the building set by the landlord. Where you buy the flat you will have to meet this liability, normally in instalments accross the year. This could differ from several hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a rentcharge to be met yearly, this is usually not a exorbitant figure, say approximately £50-£100 but you should to check it because sometimes it can be many hundreds of pounds. How much is the ground rent and service charge? Who manages the block?

    Other Topics

    Lease Extensions in Much Wenlock