I have recently realised that I have 62 years unexpired on my flat in Winnersh. I now wish to extend my lease but my freeholder is absent. What should I do?

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 mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you have done all that could be expected to track down the lessor. In some cases a specialist should be useful to conduct investigations and to produce an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Winnersh.

My wife and I purchased a leasehold flat in Winnersh. Conveyancing and Halifax mortgage are in place. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Winnersh who previously acted has long since retired.What should I do?

First contact HMLR to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Winnersh conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am looking at a two flats in Winnersh which have approximately 50 years unexpired on the lease term. Will this present a problem?

A lease is a right to use the property for a prescribed time frame. As the lease shortens the marketability of the lease reduces and results in it becoming more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

I work for a busy estate agent office in Winnersh where we have witnessed a few leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local Winnersh conveyancing firms. Please can you confirm whether the owner of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease 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 buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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 purchaser.

What are the common deficiencies that you come across in leases for Winnersh properties?

There is nothing unique about leasehold conveyancing in Winnersh. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. HSBC Bank, The Royal Bank of Scotland, and Britannia all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.

Winnersh Leasehold Conveyancing - Sample of Queries Prior to buying

Generally speaking the outlay for major works are not included within maintenance charges, although some managing agents in Winnersh obliged leasehold owners to pay into a reserve fund and this is used to offset against major works. It is important to be aware whether window replacement or some other major work is anticipated that will be shared amongst the tenants and may well dramatically impact the level of the service fees or require a specific invoice. The answer will be useful as a) areas could result in problems in the block as the common areas may begin to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the running of the building you will want to have all the details

Other Topics

Lease Extensions in Winnersh