Guaranteed fixed fees for Leasehold Conveyancing in Virginia Water

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Frequently asked questions relating to Virginia Water leasehold conveyancing

Having checked my lease I have discovered that there are only 68 years remaining on my flat in Virginia Water. I now wish to get lease extension but my landlord is absent. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the landlord. In some cases a specialist would be helpful to conduct investigations and prepare an expert document which can be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Virginia Water.

Due to exchange soon on a ground floor flat in Virginia Water. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Virginia Water should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For details of the information to be included in your report on your leasehold property in Virginia Water please ask your conveyancer in advance of your conveyancing in Virginia Water

    • I own a leasehold flat in Virginia Water. Conveyancing and Britannia mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Virginia Water who previously acted has now retired.Do I pay?

    First make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Virginia Water conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured 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 am tempted by the attractive purchase price for a couple of flats in Virginia Water which have approximately forty five years remaining on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Virginia Water. The lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease reduces and results in it becoming more costly to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena

    Last month I purchased a leasehold property in Virginia Water. Do I have any liability for service charges relating to a period prior to my ownership?

    In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    Virginia Water Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

      Are any of leasehold owners in dispute over their service charge liability? On the whole the outlay for major works tend not to be incorporated into the service charges, albeit that a few managing agents in Virginia Water ask tenants to pay into a sinking fund created for the specific intention of establishing a fund for larger repairs or maintenance. Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. For instance some leases prohibit pets being permitted in in a block in Virginia Water. If you like the flatin Virginia Water however your cat is not allowed to live with you then you have a very hard decision.

    Other Topics

    Lease Extensions in Virginia Water