Back In 2000, I bought a leasehold flat in Bartley Green. Conveyancing and The Royal Bank of Scotland mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Bartley Green who acted for me is not around.What should I do?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Bartley Green conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note 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 work for a reputable estate agency in Bartley Green where we have experienced a few leasehold sales derailed due to short leases. I have received inconsistent advice from local Bartley Green conveyancing firms. Please can you clarify whether the vendor of a flat can start the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 needs to be completed before, or at the same time as completion of the sale.

An alternative approach is 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 offer any advice when it comes to choosing a Bartley Green conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Bartley Green conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Bartley Green conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How many lease extensions has the firm completed in Bartley Green in the last year?

What are the charges for lease extension work?

Can you provide any top tips for leasehold conveyancing in Bartley Green from the perspective of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Bartley Green can be bypassed if you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ solicitors.
• The majority landlords or Management Companies in Bartley Green charge for supplying management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Bartley Green.

If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Bartley Green state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such changes. Where you dont have the paperwork in place you should not communicate with the landlord without contacting your conveyancer in the first instance.

A minority of Bartley Green leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 purchasers or their solicitors.

You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is under 75 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Completion in due on our sale of a £400000 maisonette in Bartley Green in 10 days. The landlords agents has quoted £420 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Bartley Green?

Bartley Green conveyancing on leasehold flats normally results in administration charges raised by managing agents :

• Completing pre-exchange questions
• Where consent is required before sale in Bartley Green
• Supplying insurance information
• 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 Bartley Green leasehold property is £350. For Bartley Green 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 obliged to supply the information.

Leasehold Conveyancing in Bartley Green - A selection of Questions you should consider Prior to Purchasing

How many of the leaseholders are in arrears for their service charge payments? Does the lease have onerous restrictions? What is the the remaining lease term?

Other Topics

Lease Extensions in Bartley Green