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Recently asked questions relating to Williton leasehold conveyancing

Looking forward to sign contracts shortly on a basement flat in Williton. Conveyancing lawyers inform me that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • The physical extent of the demise. This will be the property itself but might incorporate a loft or cellar if appropriate.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Changes to the flat (alterations and additions)
  • 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
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Williton please enquire of your solicitor in ahead of your conveyancing in Williton

    • Back In 2004, I bought a leasehold house in Williton. Conveyancing and Halifax mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Williton who previously acted has now retired.Do I pay?

    The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. You do not need to incur the fees of a Williton conveyancing firm to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am a negotiator for a reputable estate agency in Williton where we see a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have been given contradictory information from local Williton conveyancing firms. Please can you confirm whether the owner of a flat can start the lease extension process for the buyer?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.

    An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

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

    When appointing a solicitor for lease extension works (regardless if they are a Williton conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Williton conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

    • If the firm is not ALEP accredited then what is the reason?
  • What are the legal fees for lease extension conveyancing?

    • Can you provide any top tips for leasehold conveyancing in Williton from the perspective of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Williton can be reduced where you instruct lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
    • The majority freeholders or Management Companies in Williton charge for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Williton.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Williton leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence issued by the Landlord approving such alterations. Should you fail to have the approvals in place you should not contact the landlord without contacting your lawyer in advance.
  • A minority of Williton leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 purchasers or their lawyers.
  • If you are supposed to have a share in the freehold, you should make sure that you have the original share document. Obtaining a re-issued share certificate is often a lengthy process and frustrates many a Williton home move. If a duplicate share certificate is required, do contact the company officers or managing agents (where applicable) for this as soon as possible.

    • Williton Leasehold Conveyancing - Sample of Queries Prior to buying

      What is the name of the managing agents? Does the lease contain onerous restrictions? Generally speaking the cost for major works tend not to be wrapped into the service charges, albeit that a few managing agents in Williton ask tenants to pay into a reserve fund and this is used to offset against larger repairs or maintenance.

    Other Topics

    Lease Extensions in Williton