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

If the lease is registered - and most are in Wargrave - 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.

Having checked my lease I have discovered that there are only 72 years unexpired on my flat in Wargrave. I need to extend my lease but my freeholder 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 granted an extra 90 years by the Court. You will be obliged to prove that you have used your best endeavours to track down the lessor. In some cases an enquiry agent should be helpful to try and locate and to produce a report to be used as proof that the freeholder can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Wargrave.

My wife and I purchased a leasehold house in Wargrave. Conveyancing and Bank of Ireland mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Wargrave who acted for me is not around.Do I pay?

First contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to instruct a Wargrave conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a reputable estate agency in Wargrave where we see a few flat sales jeopardised due to leases having less than 80 years remaining. I have received conflicting advice from local Wargrave conveyancing firms. Please can you confirm whether the owner of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Can you provide any top tips for leasehold conveyancing in Wargrave from the perspective of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Wargrave can be reduced if you instruct lawyers as soon as you market your property and ask them to collate the leasehold information needed by the buyers solicitors.
• If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Wargrave leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord consenting to such works. If you dont have the approvals to hand do not communicate with the landlord without contacting your lawyer in advance.

Wargrave Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

In the main the cost for major works tend not to be wrapped into the maintenance charges, albeit that some managing agents in Wargrave obliged leaseholders to pay into a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance. What restrictions are contained in the Wargrave Lease? Can you inform me if there are any major works anticipated that could increase the service charges?

Other Topics

Lease Extensions in Wargrave