Recently asked questions relating to Wolsingham leasehold conveyancing
I am in need of some leasehold conveyancing in Wolsingham. Before diving in I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in Wolsingham - 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 only have 68 years unexpired on my lease in Wolsingham. I now want to get lease extension but my freeholder is absent. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the lessor. For most situations a specialist should be useful to carry out a search and to produce a report to be used as proof that the landlord can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Wolsingham.
Back In 2007, I bought a leasehold flat in Wolsingham. Conveyancing and Virgin Money mortgage organised. I have received a letter 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 1991. The conveyancing solicitor in Wolsingham who acted for me is not around.What should I do?
The first thing you should do is contact the Land Registry 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 Wolsingham conveyancing practitioner to do this as you can do this on the Land Registry website for £3. 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.
What advice can you give us when it comes to choosing a Wolsingham conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Wolsingham conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Wolsingham conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:
- If they are not ALEP accredited then what is the reason?
Do you have any advice for leasehold conveyancing in Wolsingham from the point of view of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Wolsingham can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
- Many landlords or managing agents in Wolsingham charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Wolsingham.
Wolsingham Leasehold Conveyancing - Examples of Queries Prior to Purchasing
-
Can you inform me if there are any major works in the planning that will add a premium to the maintenance fees?
The prefered form of lease arrangement is a share of the freehold. In this arrangement the lessees benefit from being in charge if their destiny and although a managing agent is frequently retained if it is larger than a house conversion, the managing agent is directed by the tenants.
Where a Wolsingham lease has less than 80 years it will impact the salability of the property. Check with your bank that they are happy with remaining years on the lease. A short lease means that you will almost definitely have to extend the lease at some point and it is worth finding out how much this would cost. For most Wolsinghamlease extensions you would be be obliged to have been the owner of the property for two years in order to be entitled to extend the lease.
Other Topics