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Frequently asked questions relating to Wellington leasehold conveyancing

I have recently realised that I have 68 years left on my lease in Wellington. I now wish to extend my lease but my freeholder is can not be found. 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 for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to track down the lessor. In some cases a specialist should be useful to conduct investigations and prepare an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court overseeing Wellington.

Planning to exchange soon on a garden flat in Wellington. Conveyancing lawyers assured me that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Wellington 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
  • The physical extent of the demise. This will be the apartment itself but may incorporate a roof space or basement if applicable.
  • Setting out your legal entitlements in relation to the communal areas in the building.For example, does the lease permit a right of way over an accessway or hallways?
  • You must be told what counts as a Nuisance in the lease
  • 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
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Wellington please ask your lawyer in advance of your conveyancing in Wellington

    • I today plan to offer on a house that appears to tick a lot of boxes, at a great figure which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a leasehold house in Wellington. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Wellington ?

    The majority of houses in Wellington are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Wellington in which case you should be looking for a Wellington conveyancing practitioner and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your lawyer should appraise you on the various issues.

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

    If you are instructing a property lawyer for lease extension works (regardless if they are a Wellington conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Wellington conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • How experienced is the firm with lease extension legislation?
  • Can they put you in touch with client in Wellington who can give a testimonial?

    • Completion in due on the sale of our £200000 apartment in Wellington in nine days. The freeholder has quoted £300 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Wellington?

    Wellington conveyancing on leasehold apartments usually requires the buyer’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be willing to assist. They are entitled levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it exceeds £800. The management information fee levied by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have no choice but to pay whatever is demanded should you wish to complete the sale of your home.

    Wellington Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

      You will want to find out as much as possible regarding the managing agents as they can either make living at the property much easier or uncomfortable. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to day to day matters such as the cleanliness of the communal areas. Ask prospective neighbours what they think of their service. On a final note, be sure you know the dates that the maintenance fees are due to the relevant party and precisely what you get for your money. Best to be warned whether fixing the lift or some other major work is pending that will be shared by the tenants and could well materially impact the level of the service charges or necessitate a specific invoice. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Wellington