Quality lawyers for Leasehold Conveyancing in Wadhurst

While any conveyancing practice can theoretically handle your leasehold conveyancing in Wadhurst, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Top Five Questions relating to Wadhurst leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Wadhurst. Before diving in I require certainty as to the unexpired term of the lease.

Assuming the lease is registered - and most are in Wadhurst - 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.

I’m about to sell my garden flat in Wadhurst.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly maintenance charge demand – what should I do?

Your conveyancing lawyer is likely to suggest that you should pay the service charge 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. This will smooth the conveyancing process.

Back In 2000, I bought a leasehold flat in Wadhurst. Conveyancing and Coventry Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Wadhurst who acted for me is not around.Do I pay?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Wadhurst conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, 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 appointing a Wadhurst conveyancing practice to deal with our lease extension?

When appointing a conveyancer 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. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

  • If the firm is not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Wadhurst who can give a testimonial?

  • What are the common defects that you encounter in leases for Wadhurst properties?

    Leasehold conveyancing in Wadhurst is not unique. Most leases is drafted differently and drafting errors can result in certain provisions are erroneous. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the property
    • A duty to insure the building
    • 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

    You could encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Leeds Building Society, and Britannia all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in Wadhurst - Sample of Queries before Purchasing

      The answer will be important as a) areas can cause problems in the block as the communal areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have a dispute with the managing agents you will want to know about it Who is in charge of the block? The best form of lease structure is where the freehold reversion is owned by the leaseholders. In this arrangement the leaseholders have control and notwithstanding that a managing agent is often employed where it is bigger than a house conversion, the managing agent retained by the leaseholders.

    Other Topics

    Lease Extensions in Wadhurst