I am in need of some leasehold conveyancing in Stratford Upon Avon. Before diving in I would like to find out the remaining lease term.

Assuming the lease is registered - and almost all are in Stratford Upon Avon - 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 recently realised that I have Sixty One years left on my lease in Stratford Upon Avon. I now wish to get lease extension but my landlord is missing. What are my options?

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 for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. On the whole a specialist may be useful to try and locate and to produce an expert document to be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Stratford Upon Avon.

I've found a house that seems to be perfect, at a great figure 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 issues buying a leasehold house in Stratford Upon Avon. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Stratford Upon Avon are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Stratford Upon Avon so you should seriously consider looking for a Stratford Upon Avon conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer will advise you fully on all the issues.

All being well we will complete the disposal of our £300000 flat in Stratford Upon Avon in nine days. The landlords agents has quoted £384 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Stratford Upon Avon?

Stratford Upon Avon conveyancing on leasehold apartments often necessitates the purchaser’s conveyancer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to answer such questions most will be content to do so. They are entitled charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some transactions it is above £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is requested of you if you want to complete the sale of your home.

Are there frequently found defects that you see in leases for Stratford Upon Avon properties?

Leasehold conveyancing in Stratford Upon Avon is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, Skipton 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 is problematic they may refuse to provide security, obliging the purchaser to pull out.

Stratford Upon Avon Leasehold Conveyancing - A selection of Questions you should ask before buying

How many of the leaseholders are in arrears for their maintenance charge payments? For many Stratford Upon Avon leaseholds the outlay for major works tend not to be included within maintenance charges, albeit that there some managing agents in Stratford Upon Avon ask tenants to pay into a reserve fund created for the specific intention of building a fund for larger works. This question is useful as a) areas could cause problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the tenants have a dispute with the managing agents you will need to know about it

Other Topics

Lease Extensions in Stratford Upon Avon