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Questions and Answers: Westbourne leasehold conveyancing

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Westbourne. I now want to extend my lease but my freeholder is can not be found. What are my options?

If you meet the appropriate requirements, 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 granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the freeholder. In some cases a specialist should be useful to conduct investigations and to produce a report which can be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the vesting order request to the County Court overseeing Westbourne.

Looking forward to exchange soon on a basement flat in Westbourne. Conveyancing lawyers assured me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

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

  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The physical extent of the demise. This will be the flat itself but might incorporate a loft or cellar if appropriate.
  • Does the lease prevent you from subletting the property, or working from home
  • You must be told what counts as a Nuisance in the lease
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • 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 For details of the information to be included in your report on your leasehold property in Westbourne please enquire of your lawyer in advance of your conveyancing in Westbourne

    • I am hoping to put an offer on a small detached house that appears to be perfect, at a great price which is making it more attractive. I have just been informed that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Westbourne. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Westbourne ?

    Most houses in Westbourne are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Westbourne so you should seriously consider looking for a Westbourne conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

    My wife and I purchased a leasehold flat in Westbourne. Conveyancing and TSB mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Westbourne who previously acted has now retired.Do I pay?

    The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Westbourne conveyancing lawyer 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 landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    What makes a Westbourne lease problematic?

    Leasehold conveyancing in Westbourne is not unique. All leases is drafted differently and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. HSBC Bank, Virgin Money, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to pull out.

    Leasehold Conveyancing in Westbourne - Sample of Questions you should consider Prior to Purchasing

      If a Westbourne lease has no more than eighty years it will impact the value of the apartment. Check with your bank that they are happy with residual term of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth discovering how much this will be. Remember, in most cases you would be be obliged to have been the owner of the residence for a couple of years before you are eligible to extend the lease. Who takes charge for maintaining and repairing the building? How many of the leaseholders are in arrears for their service charge payments?

    Other Topics

    Lease Extensions in Westbourne