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Recently asked questions relating to Tadworth leasehold conveyancing

I am on look out for some leasehold conveyancing in Tadworth. Before I get started I want to be sure as to the remaining lease term.

If the lease is registered - and most are in Tadworth - 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 Fifty years left on my lease in Tadworth. I am keen to get lease extension but my landlord is absent. What should I do?

On the basis that you qualify, 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 lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. On the whole a specialist should be useful to conduct investigations and prepare a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Tadworth.

My wife and I purchased a leasehold flat in Tadworth. Conveyancing and Nottingham Building Society mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Tadworth who acted for me is not around.Any advice?

First contact the Land Registry to make sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Tadworth conveyancing firm 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 freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What advice can you give us when it comes to choosing a Tadworth conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Tadworth conveyancing practice) it is most important that he or she should 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 Tadworth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

  • What volume of lease extensions have they carried out in Tadworth in the last twenty four months?
  • Can they put you in touch with client in Tadworth who can give a testimonial?

    • Do you have any advice for leasehold conveyancing in Tadworth with the purpose of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Tadworth can be reduced if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
    • Many freeholders or Management Companies in Tadworth charge for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Tadworth.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Tadworth leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence issued by the Landlord approving such works. Where you dont have the approvals in place you should not communicate with the landlord without contacting your solicitor first.
  • A minority of Tadworth leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the yearly 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 lawyers.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate is often a lengthy formality and slows down many a Tadworth conveyancing deal. Where a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • Having spent years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Tadworth. Can we issue an application to the Residential Property Tribunal Service?

    in cases where there is a absentee landlord or if there is dispute about what the lease extension should cost, under the relevant statutes you can apply to the Leasehold Valuation Tribunal to assess the amount due.

    An example of a Lease Extension case for a Tadworth flat is 33 The Maisonettes Alberta Avenue in June 2014. the Tribunal decided that the premium payable for the grant of a new lease be the sum of £20,680 (Twenty Thousand six hundred and eighty pounds). This case was in relation to 1 flat. The unexpired term was 60.43 years.

    Other Topics

    Lease Extensions in Tadworth