Experts for Leasehold Conveyancing in Wareham

Get a Quote

Whether you are buying or selling leasehold flat in Wareham, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Wareham conveyancing lawyer with our search tool

Wareham leasehold conveyancing: Q and A’s

Jane (my partner) and I may need to let out our Wareham 1st floor flat temporarily due to a new job. We instructed a Wareham conveyancing firm in 2002 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Wareham conveyancing lawyer is not around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must seek consent via your landlord or some other party in advance of subletting. This means you not allowed to sublet without prior permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from subletting the property you should ask your landlord for their consent.

I have recently realised that I have Sixty One years left on my lease in Wareham. I am keen to get lease extension but my landlord is can not be found. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to find the lessor. On the whole a specialist may be useful to conduct investigations and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Wareham.

I own a leasehold flat in Wareham. Conveyancing and Birmingham Midshires mortgage are in place. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Wareham 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 claiming to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Wareham conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a couple of flats in Wareham both have in the region of fifty years unexpired on the lease term. should I be concerned?

There are plenty of short leases in Wareham. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease gets shorter the saleability of the lease reduces and results in it becoming more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. More often than not it is difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this area

Do you have any advice for leasehold conveyancing in Wareham with the purpose of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Wareham can be reduced where you instruct lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
  • Many freeholders or managing agents in Wareham charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Wareham.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Wareham leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such works. If you fail to have the paperwork in place do not communicate with the landlord without checking with your solicitor in the first instance.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle 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 will still have to reveal details of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you hold a share in a the freehold, you should make sure that you hold the original share certificate. Arranging a replacement share certificate is often a time consuming formality and delays many a Wareham home move. If a duplicate share is needed, you should approach the company officers or managing agents (where applicable) for this sooner rather than later.

    • I acquired a basement flat in Wareham, conveyancing having been completed half a dozen years ago. How much will my lease extension cost? Corresponding properties in Wareham with an extended lease are worth £233,000. The ground rent is £45 invoiced every year. The lease comes to an end on 21st October 2075

    With just 50 years remaining on your lease the likely cost is going to span between £40,900 and £47,200 plus legals.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide the actual costs in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Wareham