Leasehold Conveyancing in Woodhouse Eaves - Get a Quote from the leasehold experts approved by your lender

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Common questions relating to Woodhouse Eaves leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Woodhouse Eaves. Before I get started I want to be sure as to the number of years remaining on the lease.

Assuming the lease is registered - and most are in Woodhouse Eaves - then the leasehold title will always include the basic details 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 have just started marketing my ground floor apartment in Woodhouse Eaves.Conveyancing is yet to be initiated but I have just received a half-yearly maintenance charge invoice – Do I pay up?

The sensible thing to do is discharge 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. This will smooth the conveyancing process.

Back In 2005, I bought a leasehold flat in Woodhouse Eaves. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Woodhouse Eaves who previously acted has now retired.What should I do?

The first thing you should do is contact HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Woodhouse Eaves conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a long established estate agent office in Woodhouse Eaves where we have witnessed a few flat sales jeopardised due to short leases. I have received inconsistent advice from local Woodhouse Eaves conveyancing solicitors. Can you shed some light as to whether the owner of a flat can instigate the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Do you have any top tips for leasehold conveyancing in Woodhouse Eaves with the aim of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Woodhouse Eaves can be reduced if you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Most leases in Woodhouse Eaves state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such works. If you dont have the approvals in place you should not contact the landlord without checking with your lawyer in the first instance.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to 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 particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unresolved.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share document. Organising a new share certificate can be a lengthy process and delays many a Woodhouse Eaves conveyancing deal. Where a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
  • You believe that you know the number of years left on your lease but you should verify this via your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Leasehold Conveyancing in Woodhouse Eaves - A selection of Queries Prior to buying

      How much is the service charge and ground rent on the apartment? It is important to be aware whether fixing the lift or some other major work is due shortly to be shared by the tenants and could well materially impact the level of the service costs or necessitate a specific payment. You should want to find out as much as you can about the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to daily matters like the cleanliness of the common parts. Enquire of other tenants if they are happy with them. In conclusion, be sure you understand the dates that the maintenance fees are due to the managing agents and specifically how they are spending that money.

    Other Topics

    Lease Extensions in Woodhouse Eaves