Quality lawyers for Leasehold Conveyancing in Winterbourne

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Recently asked questions relating to Winterbourne leasehold conveyancing

Having checked my lease I have discovered that there are only Sixty One years unexpired on my lease in Winterbourne. I need 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 an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. For most situations an enquiry agent would be helpful to carry out a search and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Winterbourne.

Due to complete next month on a leasehold property in Winterbourne. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • You must be told what counts as a Nuisance in the lease
  • 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
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • 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 the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Winterbourne please enquire of your conveyancer in ahead of your conveyancing in Winterbourne

  • I’m about to sell my 2 bed flat in Winterbourne.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge invoice – Do I pay up?

    It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    I own a leasehold house in Winterbourne. Conveyancing and Platform Home Loans Ltd mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Winterbourne who acted for me is not around.What should I do?

    The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Winterbourne conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note 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.

    Do you have any top tips for leasehold conveyancing in Winterbourne with the purpose of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Winterbourne can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers solicitors.
    • The majority freeholders or managing agents in Winterbourne levy fees for supplying management packs for a leasehold premises. 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 reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Winterbourne.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Winterbourne leases often stipulate that internal structural alterations or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such works. If you fail to have the approvals in place you should not contact the landlord without checking with your lawyer before hand.
  • A minority of Winterbourne leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a replacement share certificate can be a lengthy process and slows down many a Winterbourne home move. If a reissued share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.

  • Winterbourne Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying

      How many of the leaseholders are in arrears for their service charge payments? Its a good idea to find out as much as possible concerning the company managing the block as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily matters like the tidiness of the communal areas. You should not be afraid to ask prospective neighbours if they are happy with them. Finally, be sure you discover the dates that you are obliged pay the service charge to the appropriate party and specifically what it includes. Please inform me if there are any major works in the near future that will likely increase the service charges?

    Other Topics

    Lease Extensions in Winterbourne