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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Alcester, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Alcester leasehold conveyancing

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

Some leases for properties in Alcester do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I've found a house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Alcester. Conveyancing advisers have are about to be instructed. Will they explain the issues?

Most houses in Alcester are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Alcester in which case you should be shopping around for a Alcester conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer will appraise you on the various issues.

Last month I purchased a leasehold flat in Alcester. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What advice can you give us when it comes to finding a Alcester conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a Alcester conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Alcester conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

  • How experienced is the firm with lease extension legislation?
  • If they are not ALEP accredited then why not?

    • Do you have any top tips for leasehold conveyancing in Alcester with the intention of speeding up the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Alcester can be bypassed if you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Alcester state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. Where you fail to have the consents in place do not communicate with the landlord without checking with your lawyer in the first instance.
  • A minority of Alcester leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you are supposed to have a share in the Management Company, you should make sure that you have the original share certificate. Arranging a new share certificate can be a lengthy process and delays many a Alcester home move. Where a new share is required, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but you should verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 75 years. It is therefore essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • Alcester Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

      The best form of lease structure is if the freehold title is in the ownership of the leaseholders. In this scenario the tenants benefit from control and although a managing agent is frequently employed if the building is larger than a house conversion, the managing agent retained by the leaseholders. Can you inform me if there are any major works anticipated that will likely add a premium to the service costs? Most Alcester leasehold apartments will have a service charge for the upkeep of the block set by the management company. Should you buy the flat you will have to pay this amount, usually periodically during the year. This may be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all likelihood there will be a rentcharge to be met yearly, this is usually not a exorbitant sum, say around £25-£75 but you should to enquire it because occasionally it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Alcester