Examples of recent questions relating to leasehold conveyancing in Woburn Sands
Due to exchange soon on a garden flat in Woburn Sands. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Woburn Sands should include some of the following:
- Do you need to have carpet in the flat or are you allowed wood flooring?
Last month I purchased a leasehold property in Woburn Sands. Am I liable to pay service charges for periods before my ownership?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I am a negotiator for a busy estate agency in Woburn Sands where we have witnessed a few leasehold sales derailed due to short leases. I have been given inconsistent advice from local Woburn Sands conveyancing solicitors. Please can you clarify whether the vendor of a flat can commence the lease extension process for the buyer?
Provided that 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 buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
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 advice can you give us when it comes to appointing a Woburn Sands conveyancing firm to deal with our lease extension?
If you are instructing a property lawyer for lease extension works (regardless if they are a Woburn Sands conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Woburn Sands conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:
- How experienced is the practice with lease extension legislation?
Do you have any top tips for leasehold conveyancing in Woburn Sands with the purpose of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Woburn Sands can be bypassed if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
- If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Woburn Sands state that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such works. Should you fail to have the approvals to hand you should not communicate with the landlord without checking with your lawyer in advance.
Leasehold Conveyancing in Woburn Sands - Examples of Queries before Purchasing
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The answer will be useful as a) areas could cause problems for the block as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will wish to have all the details
If a Woburn Sands lease has no more than eighty years it will have adverse implications on the marketability of the property. It is worth checking with your lender that they are willing to lend given the lease term. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you will need to own the residence for a couple of years before you are legally able to exercise a lease extension.
How long is the Lease?
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