Leasehold Conveyancing in Wotton under Edge - Get a Quote from the leasehold experts approved by your lender

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Questions and Answers: Wotton under Edge leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Wotton under Edge. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and almost all are in Wotton under Edge - then the leasehold title will always include the short particulars 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.

Estate agents have just been given the go-ahead to market my garden flat in Wotton under Edge.Conveyancing solicitors are to be appointed soon but I have just had a half-yearly service charge demand – Do I pay up?

Your conveyancing lawyer is likely to suggest that you should clear 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 managing agents 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 2001, I bought a leasehold flat in Wotton under Edge. Conveyancing and Lloyds TSB Bank mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing practitioner in Wotton under Edge who previously acted has now retired.Any advice?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Wotton under Edge conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate 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 choosing a Wotton under Edge conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Wotton under Edge conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Wotton under Edge 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 experienced is the firm with lease extension legislation?
  • If they are not ALEP accredited then what is the reason?

  • Can you provide any top tips for leasehold conveyancing in Wotton under Edge with the purpose of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Wotton under Edge can be avoided if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers solicitors.
    • Many freeholders or Management Companies in Wotton under Edge levy fees for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Wotton under Edge.
  • A minority of Wotton under Edge leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are 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 buyers or their lawyers.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. 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 resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Arranging a new share certificate can be a time consuming process and frustrates many a Wotton under Edge conveyancing transaction. If a duplicate share is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

  • Wotton under Edge Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

      Is the freehold reversion owned jointly by the tenants? Who is in charge of the building? You will want to discover as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to day to day issues such as the tidiness of the communal areas. You should not be shy to ask prospective neighbours what they think of their service. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.

    Other Topics

    Lease Extensions in Wotton under Edge