Fixed-fee leasehold conveyancing in Wadhurst:

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Sample questions relating to Wadhurst leasehold conveyancing

I have recently realised that I have 68 years unexpired on my lease in Wadhurst. I now wish to extend my lease but my freeholder is absent. What should I do?

If 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 granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the freeholder. For most situations an enquiry agent would be helpful to carry out a search and prepare a report which can be used as proof that the landlord can not be located. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the vesting order request to the County Court covering Wadhurst.

Back In 2008, I bought a leasehold house in Wadhurst. Conveyancing and TSB mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Wadhurst who previously acted has now retired.Do I pay?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. There is no need to incur the fees of a Wadhurst conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Wadhurst conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Wadhurst conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

  • What volume of lease extensions have they carried out in Wadhurst in the last twenty four months?
  • What are the legal fees for lease extension work?

    • Can you provide any top tips for leasehold conveyancing in Wadhurst with the purpose of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Wadhurst can be bypassed where you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers solicitors.
    • Many freeholders or Management Companies in Wadhurst charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Wadhurst.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Wadhurst leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Where you dont have the consents in place you should not contact the landlord without checking with your conveyancer in advance.
  • Some Wadhurst leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 solicitors.
  • You may think that you are aware of the number of years left on your lease but you should verify this via your conveyancers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 75 years. In the circumstances it is essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • When it comes to leasehold conveyancing in Wadhurst what are the most frequent lease defects?

    Leasehold conveyancing in Wadhurst is not unique. Most leases are individual and drafting errors 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 building
    • A duty to insure the building
    • 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

    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. Nationwide Building Society, Leeds Building Society, and TSB all have very detailed 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 grant the mortgage, forcing the buyer to withdraw.

    Wadhurst Leasehold Conveyancing - A selection of Queries Prior to buying

      It would be sensible to investigate if there are any onerous restrictions in the lease. For instance it is fairly common in Wadhurst leases that pets are not allowed in certain buildings in Wadhurst. If you like the propertyin Wadhurst however your dog can’t move with you then you will be faced difficult decision. The majority of Wadhurst leasehold flats will incur a service bill for maintenance of the block set on behalf of the landlord. If you buy the property you will have to meet this amount, usually quarterly throughout the year. This may vary from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a rentcharge to be met yearly, this is usually not a significant sum, say around £50-£100 but you need to check it because on occasion it can be prohibitively expensive. Best to be warned whether redecorating or some other significant cost is pending to be shared between the leaseholders and may well dramatically impact the level of the maintenance costs or require a one time payment.

    Other Topics

    Lease Extensions in Wadhurst