Frequently asked questions relating to Woodstock leasehold conveyancing
Planning to sign contracts shortly on a ground floor flat in Woodstock. Conveyancing solicitors have said that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Woodstock should include some of the following:
- Defining your legal entitlements in respect of the communal areas in the building.For example, does the lease include a right of way over an accessway or staircase?
Back In 2004, I bought a leasehold flat in Woodstock. Conveyancing and Britannia mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Woodstock who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Woodstock conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I've recently bought a leasehold house in Woodstock. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
What advice can you give us when it comes to choosing a Woodstock conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a Woodstock conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with several firms including non Woodstock conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:
- How familiar is the practice with lease extension legislation?
Can you provide any advice for leasehold conveyancing in Woodstock with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Woodstock can be reduced where you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
- Many landlords or managing agents in Woodstock levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have 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 frustration in leasehold conveyancing in Woodstock.
Woodstock Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing
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If a Woodstock lease has no more than 80 years it will affect the marketability of the apartment. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will probably require a lease extension sooner rather than later and it is worth discovering what this will be. Remember, in most cases you will be required to have been the owner of the property for 24 months in order to be legally able to extend the lease.
Are there any major works on the horizon that will increase the maintenance fees?
The majority of Woodstock leasehold apartments will incur a service bill for the upkeep of the building invoiced on behalf of the management company. Where you buy the flat you will have to meet this amount, normally periodically throughout the year. This could vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a ground rent for you to pay yearly, this is usually not a significant amount, say around £25-£75 but you need to check as sometimes it could be many hundreds of pounds.
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