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Frequently asked questions relating to Woodbury leasehold conveyancing

I would like to let out my leasehold apartment in Woodbury. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Notwithstanding that your previous Woodbury conveyancing solicitor is not available you can review your lease to check if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent via your landlord or other appropriate person in advance of subletting. The net result is you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Estate agents have just been given the go-ahead to market my 2 bed flat in Woodbury.Conveyancing has not commenced but I have just had a quarterly maintenance charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should clear the service charge 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.

Can you provide any advice for leasehold conveyancing in Woodbury with the purpose of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Woodbury can be reduced if you get in touch lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the buyers representatives.
  • Many freeholders or Management Companies in Woodbury charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Woodbury.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Woodbury state that internal structural changes or addition of wooden flooring require a licence from the Landlord approving such works. If you fail to have the paperwork in place you should not contact the landlord without checking with your solicitor in the first instance.
  • A minority of Woodbury leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any 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 solicitors.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Obtaining a re-issued share certificate is often a lengthy process and frustrates many a Woodbury home move. Where a duplicate share is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

    • Completion in due on the sale of our £500000 flat in Woodbury in just under a week. The freeholder has quoted £408 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Woodbury?

    Woodbury conveyancing on leasehold maisonettes normally requires the buyer’s lawyer submitting questions for the landlord to address. Although the landlord is not legally bound to address such questions most will be willing to do so. They may levy a reasonable charge for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The management information fee demanded by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration fees, otherwise the charge is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.

    What are the frequently found deficiencies that you encounter in leases for Woodbury properties?

    There is nothing unique about leasehold conveyancing in Woodbury. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are wrong. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the property
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Chelsea Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

    Woodbury Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      What restrictions are there in the Woodbury Lease? The answer will be important as a) areas may cause problems in the building as the communal areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the managing agents you will want to have complete disclosure Who takes charge for maintaining and repairing the building?

    Other Topics

    Lease Extensions in Woodbury