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Questions and Answers: Windermere leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Windermere. Before I set the wheels in motion I require certainty as to the remaining lease term.

If the lease is registered - and almost all are in Windermere - 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.

My wife and I may need to sub-let our Windermere garden flat for a while due to a new job. We used a Windermere conveyancing firm in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Some leases for properties in Windermere do contain a provision to say that subletting is only allowed with permission. 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 permission.

There are only 72 years unexpired on my lease in Windermere. I now want to get lease extension but my landlord is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you have done all that could be expected to find the lessor. On the whole an enquiry agent should be useful to try and locate and to produce a report which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the application to the County Court covering Windermere.

Due to complete next month on a basement flat in Windermere. Conveyancing lawyers inform me that they will have a report out to me next week. What should I be looking out for?

Your report on title for your leasehold conveyancing in Windermere should include some of the following:

  • Setting out your legal entitlements in respect of the communal areas in the block.By way of example, does the lease include a right of way over a path or staircase?
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Are pets allowed in the flat?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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
  • What options are open to you if a neighbour is in violation of a provision in their lease? For details of the information to be included in your report on your leasehold property in Windermere please enquire of your solicitor in ahead of your conveyancing in Windermere

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £425000 maisonette in Windermere in just under a week. The managing agents has quoted £384 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Windermere?

    Windermere conveyancing on leasehold maisonettes normally requires the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions the majority will be content to do so. They are at liberty charge a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it is above £800. The management information fee levied by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

    Windermere Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      Are any of leasehold owners in arrears of their service charge liability? What restrictions are contained in the Windermere Lease? How much is the service charge and ground rent on the property?

    Other Topics

    Lease Extensions in Windermere