Having had my offer accepted I require leasehold conveyancing in Sandhurst. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and most are in Sandhurst - 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.

I am intending to let out my leasehold apartment in Sandhurst. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Your lease dictates the relationship between the landlord and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Sandhurst do not contain subletting altogether – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I only have Seventy years remaining on my flat in Sandhurst. I need to extend my lease but my freeholder is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the freeholder. In some cases an enquiry agent may be helpful to try and locate and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the application to the County Court overseeing Sandhurst.

I own a leasehold house in Sandhurst. Conveyancing and Skipton Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Sandhurst who previously acted has long since retired.What should I do?

The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to incur the fees of a Sandhurst conveyancing lawyer 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 rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £250000 maisonette in Sandhurst in seven days. The freeholder has quoted £312 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Sandhurst?

Sandhurst conveyancing on leasehold maisonettes often requires the buyer’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be content to assist. They may charge a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some cases it is in excess of £800. The management information fee demanded by the landlord must be accompanied by a summary of rights and obligations in respect of administration charges, without which the invoice is technically not due. Reality however dictates that one has little option but to pay whatever is demanded if you want to sell the property.

Sandhurst Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing

You should want to find out as much as you can regarding the managing agents as they will either make life much simpler or much more difficult. As the owner of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the upkeep of the communal areas. Ask other tenants whether they are happy with their service. In conclusion, be sure you understand the dates that you are obliged pay the maintenance charge to the appropriate party and specifically what it includes. Are there any major works in the near future that will add a premium to the maintenance fees? What is the annual maintenance fee and ground rent?

Other Topics

Lease Extensions in Sandhurst