I wish to rent out my leasehold apartment in Acocks Green. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

The lease dictates relations between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Acocks Green do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Having checked my lease I have discovered that there are only Seventy years left on my flat in Acocks Green. I now want to get lease extension but my landlord is missing. What are my options?

On the basis that you qualify, 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 mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the lessor. On the whole an enquiry agent may be helpful to carry out a search and prepare an expert document to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Acocks Green.

I am looking at a two maisonettes in Acocks Green both have approximately forty five years remaining on the leases. Will this present a problem?

There are plenty of short leases in Acocks Green. The lease is a right to use the property for a period of time. As the lease shortens the saleability of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is advisable to extend the lease term. More often than not it is difficulties arise selling premises with a short lease as mortgage lenders may be reluctant to lend money on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this field

What advice can you give us when it comes to finding a Acocks Green conveyancing firm to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Acocks Green conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Acocks Green conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How experienced is the firm with lease extension legislation?

Are there common defects that you witness in leases for Acocks Green properties?

There is nothing unique about leasehold conveyancing in Acocks Green. Most leases is drafted differently and drafting errors can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Chelsea Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the purchaser to withdraw.

Acocks Green Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

It would be prudent to find out as much as you can concerning the managing agents as they can either make living at the property much easier or problematic. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily matters like the cleanliness of the common parts. Enquire of other people what they think of them. In conclusion, find out the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. It would be wise to discover if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in in a block in Acocks Green. If you like the propertyin Acocks Green yet your cat is not allowed to move with you then you have a very difficult choice. What restrictions are there in the Acocks Green Lease?

Other Topics

Lease Extensions in Acocks Green