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Questions and Answers: Woolavington leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Woolavington. Before I get started I require certainty as to the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in Woolavington - 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.

Planning to sign contracts shortly on a basement flat in Woolavington. Conveyancing solicitors have said that they are sending me a report tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Woolavington should include some of the following:

  • The physical extent of the premises. This will be the property itself but could also include a roof space or basement if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the building.For instance, does the lease permit a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What you can do if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Woolavington please enquire of your solicitor in ahead of your conveyancing in Woolavington

    • Back In 2000, I bought a leasehold flat in Woolavington. Conveyancing and Britannia mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Woolavington who previously acted has long since retired.Any advice?

    The first thing you should do is make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to instruct a Woolavington conveyancing firm to do this as it can be done on-line for less than a fiver. 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.

    I am looking at a two maisonettes in Woolavington which have about forty five years unexpired on the lease term. Do I need to be concerned?

    There are plenty of short leases in Woolavington. The lease is a right to use the property for a period of time. As a lease gets shorter the saleability of the lease decreases and it becomes more expensive to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage companies may be unwilling to lend money on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this area

    I work for a busy estate agency in Woolavington where we have witnessed a number of flat sales derailed due to short leases. I have been given inconsistent advice from local Woolavington conveyancing solicitors. Please can you clarify whether the seller of a flat can start the lease extension formalities for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.

    Woolavington Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying

      Are any of leasehold owners in arrears of their service charge payments? What prohibitions exist in the Woolavington Lease? It is important to be aware if a new roof is being installed or some other significant cost is due shortly that will be shared by the tenants and could well dramatically impact the level of the service fees or result in a specific invoice.

    Other Topics

    Lease Extensions in Woolavington