Experts for Leasehold Conveyancing in Aston

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Aston leasehold conveyancing: Q and A’s

Having had my offer accepted I require leasehold conveyancing in Aston. Before diving in I require certainty as to the unexpired term of the lease.

Assuming the lease is registered - and almost all are in Aston - then the leasehold title will always include the basic details 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 ground floor flat temporarily due to taking a sabbatical. We used a Aston conveyancing firm in 2001 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Aston conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the property. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person prior to subletting. This means that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord for their consent.

Expecting to complete next month on a studio apartment in Aston. Conveyancing lawyers have said that they are sending me a report within the next couple of days. What should I be looking out for?

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

  • Setting out your legal entitlements in relation to common areas in the building.For example, does the lease include a right of way over a path or staircase?
  • You need to be told what counts as a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Aston please ask your solicitor in ahead of your conveyancing in Aston

    • My wife and I purchased a leasehold house in Aston. Conveyancing and National Westminster Bank mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing solicitor in Aston who previously acted has long since retired.What should I do?

    The first thing you should do is make enquiries of the Land Registry to be sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Aston conveyancing practitioner to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am tempted by the attractive purchase price for a couple of flats in Aston which have about 50 years remaining on the leases. Do I need to be concerned?

    There are plenty of short leases in Aston. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As a lease gets shorter the saleability of the lease decreases and results in it becoming more costly to extend the lease. This is why it is often a good idea to increase the term of the lease. Sometimes 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 extension can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

    I own a studio flat in Aston, conveyancing formalities finalised 3 years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent flats in Aston with an extended lease are worth £210,000. The ground rent is £55 yearly. The lease ceases on 21st October 2090

    With just 65 years unexpired we estimate the premium for your lease extension to range between £16,200 and £18,600 as well as costs.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Aston