Fixed-fee leasehold conveyancing in Winchcombe:

Get a Quote

When it comes to leasehold conveyancing in Winchcombe, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your mortgage company is to be Clydesdale , Yorkshire Building Society or NatWest make sure you find a lawyer on their panel. Find a Winchcombe conveyancing lawyer with our search tool

Top Five Questions relating to Winchcombe leasehold conveyancing

I am intending to rent out my leasehold flat in Winchcombe. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Winchcombe do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

There are only Fifty years left on my lease in Winchcombe. I now wish to extend my lease but my freeholder is missing. What options are available to me?

On the basis that 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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. On the whole an enquiry agent may be helpful to carry out a search and to produce an expert document to be used as evidence that the freeholder can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Winchcombe.

Back In 2004, I bought a leasehold flat in Winchcombe. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Winchcombe who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Winchcombe conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am attracted to a couple of maisonettes in Winchcombe which have approximately forty five years remaining on the lease term. should I be concerned?

There are no two ways about it. A leasehold apartment in Winchcombe is a deteriorating asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the value of the premises. For most purchasers and mortgage companies, leases with under eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Winchcombe conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Can you provide any top tips for leasehold conveyancing in Winchcombe with the aim of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Winchcombe can be avoided where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the buyers lawyers.
  • The majority freeholders or Management Companies in Winchcombe levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Winchcombe.
  • If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Winchcombe state that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such works. Should you dont have the consents to hand do not contact the landlord without contacting your solicitor in the first instance.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. 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 will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share document. Obtaining a new share certificate is often a lengthy process and delays many a Winchcombe conveyancing deal. Where a reissued share is required, you should approach the company director and secretary or managing agents (if applicable) for this at the earliest opportunity.

    • Leasehold Conveyancing in Winchcombe - Sample of Questions you should consider Prior to buying

      In the main the cost for major works tend not to be included within maintenance charges, albeit that a few managing agents in Winchcombe obliged leasehold owners to pay into a reserve fund created for the specific purpose of establishing a fund for major works. What is the the remaining lease term? It would be wise to discover as much as possible concerning the managing agents as they will either make your life much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to day to day issues like the cleanliness of the communal areas. Ask other people what they think of their service. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and precisely what you get for your money.

    Other Topics

    Lease Extensions in Winchcombe