Fixed-fee leasehold conveyancing in Aston:

When it comes to leasehold conveyancing in Aston, you will need to appoint a conveyancing lawyer with leasehold experience. Whether your lender is to be Clydesdale , RBS or Nationwide make sure you find a lawyer on their approved list. Find a Aston conveyancing lawyer with our search tool

Aston leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Aston. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

If the lease is registered - and most are in Aston - 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.

Frank (my husband) and I may need to sub-let our Aston 1st floor flat for a while due to taking a sabbatical. We instructed a Aston conveyancing firm in 2002 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Aston conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek consent via your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Planning to sign contracts shortly on a studio apartment in Aston. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Aston should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • You must be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Responsibility for repairing the window frames For details of the information to be contained in your report on your leasehold property in Aston please ask your solicitor in ahead of your conveyancing in Aston

  • I've recently bought a leasehold house in Aston. 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 lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    Can you provide any advice for leasehold conveyancing in Aston from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Aston can be bypassed where you appoint lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers conveyancers.
    • Many landlords or Management Companies in Aston charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Aston.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Aston leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Where you dont have the approvals in place you should not communicate with the landlord without contacting your conveyancer in advance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Organising a replacement share certificate can be a time consuming formality and delays many a Aston home move. Where a new share is needed, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity.

  • Aston Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

      How long is the Lease? The answer will be useful as a) areas can result in problems for the block as the communal areas may start to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will wish to have full disclosure Plenty Aston leasehold properties will be liable to pay a service bill for the upkeep of the building levied by the management company. Should you acquire the flat you will have to meet this contribution, normally periodically during the year. This could be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all probability there will be a rentcharge to be met annual, this is usually not a significant amount, say approximately £50-£100 but you should to check it because sometimes it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Aston