Fixed-fee leasehold conveyancing in Washington:

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When it comes to leasehold conveyancing in Washington, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Lloyds, Yorkshire Building Society or Bradford & Bingley be sure to choose a lawyer on their approved list. Feel free to use our search tool

Questions and Answers: Washington leasehold conveyancing

I am on look out for some leasehold conveyancing in Washington. Before I get started I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Washington - 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 wish to sublet my leasehold flat in Washington. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Notwithstanding that your last Washington conveyancing lawyer is not available you can check your lease to see if it allows you to sublet the property. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you must seek permission from your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of first obtaining permission. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord for their consent.

I only have 62 years left on my flat in Washington. I need to get lease extension but my freeholder is missing. 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 an order 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 prove that you or your lawyers have done all that could be expected to track down the lessor. On the whole a specialist should be helpful to try and locate and prepare an expert document to be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Washington.

Can you offer any advice when it comes to choosing a Washington conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Washington conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Washington conveyancing practices before you 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 Washington in the last 12 months?
  • Can they put you in touch with client in Washington who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Washington with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Washington can be avoided where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold information needed by the purchasers’ representatives.
    • Many freeholders or managing agents in Washington levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Washington.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Washington state that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your lawyer in advance.
  • 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 marketed. The buyers and their solicitors will be concerned about purchasing a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than ongoing.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share certificate. Organising a replacement share certificate can be a time consuming formality and frustrates many a Washington home move. Where a duplicate share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this sooner rather than later.

    • Washington Leasehold Conveyancing - A selection of Queries before buying

      Is anyone aware of any major works in the near future that could add a premium to the maintenance costs? Who takes charge for maintaining and repairing the block? What restrictions are there in the Washington Lease?

    Other Topics

    Lease Extensions in Washington