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Questions and Answers: Washington leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Washington. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and most 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 rent out my leasehold apartment in Washington. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Washington do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I have recently realised that I have 62 years remaining on my lease in Washington. I now want to get lease extension but my freeholder is can not be found. What options are available to me?

On the basis that 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 mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to find the lessor. In some cases an enquiry agent would be helpful to conduct investigations and prepare an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court covering Washington.

Due to exchange soon on a garden flat in Washington. Conveyancing solicitors have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Washington should include some of the following:

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Will you be prohibited or prevented from having pets in the property?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Washington please enquire of your lawyer in ahead of your conveyancing in Washington

    • My wife and I purchased a leasehold flat in Washington. Conveyancing and Santander mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Washington who previously acted has long since retired.Do I pay?

    The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Washington conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured 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.

    Washington Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

      In the main the cost for major works tend not to be wrapped into the service charges, although some managing agents in Washington ask leaseholders to contribute towards a sinking fund created for the specific intention of building a fund for larger repairs or maintenance. Make sure you enquire if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in in a block in Washington. If you love the apartmentin Washington but your dog is not allowed to make the move with you then you will be presented with a difficult compromise. Please note if it is less than eighty years it will impact the marketability of the property. Check with your lender that they are happy with the length of the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out how much this would cost. For most Washingtonlease extensions you will need to own the residence for a couple of years in order to be legally able to extend the lease.

    Other Topics

    Lease Extensions in Washington