Leasehold Conveyancing in Wadhurst - Get a Quote from the leasehold experts approved by your lender

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Leasehold conveyancing in Wadhurst is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Wadhurst and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Wadhurst leasehold conveyancing Example Support Desk Enquiries

Having had my offer accepted I require leasehold conveyancing in Wadhurst. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Wadhurst - 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've recently bought a leasehold house in Wadhurst. Am I liable to pay service charges relating to a period prior to my ownership?

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).

What are your top tips when it comes to choosing a Wadhurst conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Wadhurst conveyancing practice) it is essential 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 that’s a bonus. Some following of questions could be helpful:

  • How experienced is the practice with lease extension legislation?
  • If they are not ALEP accredited then why not?

    • Can you provide any advice for leasehold conveyancing in Wadhurst from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Wadhurst can be reduced if you get in touch lawyers as soon as your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
    • The majority 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 information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Wadhurst.
  • A minority of Wadhurst leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 purchasers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Organising a new share certificate can be a time consuming formality and slows down many a Wadhurst conveyancing transaction. If a reissued share certificate is required, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • What makes a Wadhurst lease unacceptable for security purposes?

    There is nothing unique about leasehold conveyancing in Wadhurst. All leases are individual and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the building
    • Insurance obligations
    • 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 will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Chelsea Building Society, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

    Wadhurst Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

      How long is the Lease? The answer will be useful as a) areas may result in problems for the block as the communal areas may begin to deteriorate where services remain unpaid b) if the tenants have an issue with the running of the building you will need to know about it It is important to be aware whether window replacement or some other major work is due shortly that will be shared between the leasehold owners and will dramatically impact the level of the maintenance charges or result in a one time invoice.

    Other Topics

    Lease Extensions in Wadhurst