Woodcote Green leasehold conveyancing: Q and A’s
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Woodcote Green. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Woodcote Green ?
Most houses in Woodcote Green are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Woodcote Green in which case you should be shopping around for a Woodcote Green conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your lawyer should appraise you on the various issues.
My wife and I purchased a leasehold house in Woodcote Green. Conveyancing and Clydesdale mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing practitioner in Woodcote Green who previously acted has now retired.Do I pay?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Woodcote Green 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 rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to finding a Woodcote Green conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a conveyancer for your lease extension (regardless if they are a Woodcote Green conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Woodcote Green conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:
- How familiar is the firm with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Woodcote Green with the intention of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Woodcote Green can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers conveyancers.
- In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Woodcote Green state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. If you dont have the approvals in place you should not communicate with the landlord without contacting your conveyancer before hand.
After years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Woodcote Green. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Woodcote Green conveyancing firm who can help.
An example of a Lease Extension case for a Woodcote Green residence is Ground Floor Maisonette 17 Milton Road in January 2014. The Tribunal determined the premium payable by the Applicant to the should be £13,299 This case was in relation to 1 flat. The remaining number of years on the lease was 71.73 years.
When it comes to leasehold conveyancing in Woodcote Green what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Woodcote Green. All leases is drafted differently and legal mistakes in the legal wording can result in certain clauses are not included. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain elements of the premises
- 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
You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Bank of Ireland all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.
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