Recently asked questions relating to Wokingham leasehold conveyancing
I am on look out for some leasehold conveyancing in Wokingham. Before I get started I require certainty as to the remaining lease term.
Assuming the lease is registered - and most are in Wokingham - 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.
I've found a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Wokingham. Conveyancing solicitors have not yet been instructed. Will they explain the issues?
The majority of houses in Wokingham are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Wokingham so you should seriously consider looking for a Wokingham conveyancing practitioner and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor should report to you on the legal implications.
I've recently bought a leasehold house in Wokingham. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure 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).
What are your top tips when it comes to finding a Wokingham conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Wokingham conveyancing firm) it is most important 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 Wokingham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- If the firm is not ALEP accredited then what is the reason?
- What volume of lease extensions have they carried out in Wokingham in the last twenty four months?
Can you provide any advice for leasehold conveyancing in Wokingham from the perspective of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Wokingham can be reduced if you get in touch lawyers the minute you market your property and ask them to put together the leasehold information needed by the buyers conveyancers.
- In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Wokingham state that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Where you fail to have the consents to hand do not communicate with the landlord without contacting your solicitor first.
- If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 buyers, but it is better to present the dispute as historic as opposed to unsettled.
- If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Arranging a re-issued share certificate is often a lengthy process and slows down many a Wokingham conveyancing transaction. Where a new share is needed, you should approach the company officers or managing agents (if relevant) for this as soon as possible.
- You believe that you know the number of years remaining on your lease but it would be advisable verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.
Leasehold Conveyancing in Wokingham - A selection of Questions you should ask Prior to Purchasing
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Can you inform me if there are any major works in the planning that could add a premium to the service costs?