Experts for Leasehold Conveyancing in Washington

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Leasehold conveyancing in Washington 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 Washington and next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Common questions relating to Washington leasehold conveyancing

I am on look out for some leasehold conveyancing in Washington. Before I set the wheels in motion 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 would like to sublet 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 permission?

Notwithstanding that your previous Washington conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet without first obtaining permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

I own a leasehold house in Washington. Conveyancing and Chelsea Building Society mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Washington who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Washington conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What are your top tips when it comes to finding a Washington conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a Washington conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three 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 helpful:

  • How experienced is the practice with lease extension legislation?
  • What are the legal fees for lease extension work?

    • Do you have any advice for leasehold conveyancing in Washington with the aim of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Washington can be reduced if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers conveyancers.
    • Many freeholders or managing agents in Washington charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. 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 usual cause of delay in leasehold conveyancing in Washington.
  • Some Washington leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unresolved. You may have to bite the bullet 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 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 reveal the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Organising a duplicate share certificate is often a time consuming formality and slows down many a Washington conveyancing transaction. Where a reissued share is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible.

    • Washington Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing

      In the main the outlay for major works tend not to be incorporated into the service charges, albeit that some managing agents in Washington require leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. Best to be warned whether a new roof is being installed or some other major work is due in the near future that will be shared amongst the tenants and will dramatically impact the level of the service charges or result in a specific payment. You will want to discover as much as you can concerning the managing agents as they will either make living at the property much simpler or much more difficult. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily issues such as the upkeep of the communal areas. Enquire of other tenants what they think of them. On a final note, be sure you understand the dates that the maintenance fees are due to the managing agents and precisely what it includes.

    Other Topics

    Lease Extensions in Washington