I am in need of some leasehold conveyancing in Wokingham. Before I get started I would like to find out the number of years remaining on the lease.

If the lease is recorded at the land registry - and 99.9% 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my lease in Wokingham. I now wish to get lease extension but my freeholder is absent. What options are available to me?

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 mean that your lease can be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have made all reasonable attempts to find the landlord. In some cases a specialist would be helpful to try and locate and prepare a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Wokingham.

I’m about to sell my 2 bed flat in Wokingham.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge invoice – what should I do?

It best that you pay 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

My wife and I purchased a leasehold house in Wokingham. Conveyancing and Leeds Building Society mortgage organised. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Wokingham who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Wokingham conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £400000 flat in Wokingham next week. The freeholder has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Wokingham?

Wokingham conveyancing on leasehold apartments usually requires the purchaser’s lawyer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions the majority will be willing to assist. They are entitled levy a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some transactions it is in excess of £800. The administration charge demanded by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration fees, otherwise the invoice is technically not due. Reality however dictates that one has no choice but to pay whatever is demanded if you want to sell the property.

Wokingham Leasehold Conveyancing - A selection of Queries before buying

Who is in charge of the building? What prohibitions exist in the Wokingham Lease? Please note if it is fewer than eighty years it will impact the salability of the property. It is worth checking with your mortgage company that they are happy with the length of the lease. A short lease means that you will almost definitely have to extend the lease sooner rather than later and you need to have some idea of how much this would cost. For most Wokinghamlease extensions you will need to own the residence for 24 months in order to be legally able to extend the lease.

Other Topics

Lease Extensions in Wokingham