Jane (my partner) and I may need to let out our Balsall Common 1st floor flat temporarily due to taking a sabbatical. We instructed a Balsall Common conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Even though your last Balsall Common conveyancing lawyer is not available you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain permission via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of prior permission. The consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have since discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Balsall Common. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Balsall Common ?

Most houses in Balsall Common are freehold and not leasehold. In this scenario it’s worth 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 Balsall Common in which case you should be looking for a Balsall Common conveyancing practitioner and check that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is part of an estate. Your solicitor should advise you fully on all the issues.

I work for a reputable estate agent office in Balsall Common where we have witnessed a few leasehold sales put at risk due to short leases. I have been given contradictory information from local Balsall Common conveyancing solicitors. Could you confirm whether the vendor of a flat can start the lease extension process for the buyer?

As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Can you provide any advice for leasehold conveyancing in Balsall Common with the intention of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Balsall Common can be reduced where you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation needed by the purchasers’ solicitors.
• Many freeholders or managing agents in Balsall Common charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Balsall Common.

In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Balsall Common leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. If you dont have the consents to hand you should not communicate with the landlord without contacting your conveyancer first.

If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride 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 prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than ongoing.

If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Obtaining a duplicate share certificate can be a time consuming process and slows down many a Balsall Common home move. If a duplicate share certificate is needed, you should approach the company officers or managing agents (if relevant) for this as soon as possible.

We expect to complete the sale of our £150000 flat in Balsall Common in 10 days. The managing agents has quoted £384 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Balsall Common?

Balsall Common conveyancing on leasehold flats ordinarily involves fees being raised by management companies :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Balsall Common
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Balsall Common leasehold property is £350. For Balsall Common conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

Leasehold Conveyancing in Balsall Common - A selection of Questions you should ask Prior to Purchasing

Plenty Balsall Common leasehold properties will incur a service charge for maintenance of the block set by the landlord. If you acquire the flat you will have to meet this liability, usually quarterly accross the year. This may vary from two or three hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge to be met yearly, this is usually not a exorbitant figure, say around £25-£75 but you should to check as on occasion it could be many hundreds of pounds. What is the name of the managing agents? Be sure to discover if there are any onerous prohibitions in the lease. For instance some leases prohibit pets being allowed in certain buildings in Balsall Common. If you love the propertyin Balsall Common but your cat is not allowed to make the move with you then you will be faced hard choice.

Other Topics

Lease Extensions in Balsall Common