Fixed-fee leasehold conveyancing in Bartley Green:

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

Questions and Answers: Bartley Green leasehold conveyancing

I am in need of some leasehold conveyancing in Bartley Green. Before I get started I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and 99.9% are in Bartley Green - 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.

My husband and I may need to rent out our Bartley Green basement flat for a while due to a new job. We used a Bartley Green conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Even though your previous Bartley Green conveyancing solicitor is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining permission. The consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.

Expecting to complete next month on a studio apartment in Bartley Green. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Setting out your rights in respect of common areas in the building.For instance, does the lease provide for a right of way over a path or staircase?
  • Changes to the flat (alterations and additions)
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in Bartley Green please ask your solicitor in advance of your conveyancing in Bartley Green

  • I've found a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Bartley Green. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Bartley Green ?

    Most houses in Bartley Green are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Bartley Green in which case you should be looking for a Bartley Green conveyancing solicitor and check that they have experience in 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 comes with conditions such as obtaining the landlord’spermission to conduct alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will report to you on the legal implications.

    I work for a reputable estate agency in Bartley Green where we have witnessed a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Bartley Green conveyancing firms. Can you shed some light as to whether the vendor of a flat can instigate the lease extension process for the buyer?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

    Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.

    I bought a 2 bed flat in Bartley Green, conveyancing formalities finalised 2003. Can you give me give me an indication of the likely cost of a lease extension? Comparable properties in Bartley Green with over 90 years remaining are worth £168,000. The ground rent is £50 yearly. The lease comes to an end on 21st October 2084

    With 59 years unexpired we estimate the price of your lease extension to span between £20,900 and £24,200 plus costs.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. You should not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not take any other action based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Bartley Green