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Examples of recent questions relating to leasehold conveyancing in Sunningdale

Having checked my lease I have discovered that there are only 68 years left on my flat in Sunningdale. I now wish to get lease extension but my landlord is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the lessor. For most situations an enquiry agent would be helpful to carry out a search and prepare a report to be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Sunningdale.

Estate agents have just been given the go-ahead to market my 2 bed apartment in Sunningdale.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – Do I pay up?

The sensible thing to do is 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 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.

I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Sunningdale. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the implications of buying a leasehold house in Sunningdale ?

Most houses in Sunningdale are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Sunningdale in which case you should be looking for a Sunningdale conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your solicitor should appraise you on the various issues.

What are your top tips when it comes to appointing a Sunningdale conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Sunningdale conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Sunningdale conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

  • How familiar is the practice with lease extension legislation?
  • What are the costs for lease extension work?

    • Do you have any top tips for leasehold conveyancing in Sunningdale from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Sunningdale can be reduced where you instruct lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
    • If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Sunningdale state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the consents in place do not communicate with the landlord without checking with your conveyancer first.
  • Some Sunningdale leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 solicitors.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Arranging a duplicate share certificate can be a time consuming process and delays many a Sunningdale conveyancing transaction. Where a reissued share is necessary, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years left on your lease but you should double-check via your conveyancers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Sunningdale Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

      Make sure you discover if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in Sunningdale. If you like the flatin Sunningdale however your cat is not allowed to live with you then you have a very difficult decision. It is important to be aware if changing the roof or some other major work is pending that will be shared by the leaseholders and could well materially impact the level of the maintenance costs or require a one off payment. What restrictions are contained in the Sunningdale Lease?

    Other Topics

    Lease Extensions in Sunningdale