I am in need of some leasehold conveyancing in Old Woking. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and most are in Old Woking - 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 have just started marketing my ground floor flat in Old Woking.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge demand – what should I do?

The sensible thing to do is pay the invoice 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently 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 Old Woking. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Old Woking are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Old Woking so you should seriously consider shopping around for a Old Woking conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer should advise you fully on all the issues.

My wife and I purchased a leasehold flat in Old Woking. Conveyancing and Bank of Ireland mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Old Woking who acted for me is not around.Do I pay?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Old Woking conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a long established estate agent office in Old Woking where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have received contradictory information from local Old Woking conveyancing solicitors. Can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has owned the lease 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 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 has to be done prior to, or simultaneously with completion of the disposal of the property.

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.

Old Woking Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

It is important to be aware if changing the roof or some other significant cost is pending to be shared amongst the leasehold owners and will dramatically impact the level of the maintenance fees or result in a one time invoice. You will want to discover as much as possible concerning the managing agents as they will either make living at the property much easier or a lot more difficult. As the proprietor of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to practical issues like the cleanliness of the common parts. Enquire of other tenants if they are happy with them. Finally, investigate as to the dates that the maintenance charges are due to the managing agents and specifically what you get for your money. The answer will be helpful as a) areas may result in problems for the building as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have a dispute with the managing agents you will wish to know about it

Other Topics

Lease Extensions in Old Woking