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Recently asked questions relating to Wenvoe leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Wenvoe. Before I get started I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Wenvoe - 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.

I am intending to let out my leasehold flat in Wenvoe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs relations between the landlord and you the leaseholder; in particular, it will set out if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Wenvoe do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Wenvoe. I now want 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 submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to prove that you have made all reasonable attempts to track down the lessor. In some cases an enquiry agent would be helpful to conduct investigations and to produce a report to be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Wenvoe.

Can you offer any advice when it comes to appointing a Wenvoe conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Wenvoe conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Wenvoe conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • If they are not ALEP accredited then why not?
  • Can they put you in touch with client in Wenvoe who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Wenvoe from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Wenvoe can be reduced if you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
    • Many landlords or Management Companies in Wenvoe levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Wenvoe.
  • If you have carried out any alterations to the residence would they have required Landlord’s approval? In particular have you laid down wooden flooring? Wenvoe leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. Where you fail to have the approvals in place do not contact the landlord without checking with your lawyer in advance.
  • A minority of Wenvoe leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly 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 conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. 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 purchasers, but it is better to reveal the dispute as over as opposed to unsettled.

    • Wenvoe Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

      For many Wenvoe leaseholds the cost for major works are not wrapped into the service charges, although there some managing agents in Wenvoe ask leasehold owners to contribute towards a reserve fund created for the specific intention of building a fund for larger works. Make sure you find out if the the lease includes any onerous restrictions in the lease. By way of example some leases prohibit pets being allowed in in a block in Wenvoe. If you like the apartmentin Wenvoe yet your cat is not allowed to live with you then you have a very hard decision. What is the length of the lease?

    Other Topics

    Lease Extensions in Wenvoe