Fixed-fee leasehold conveyancing in Bartley Green:

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I only have 62 years unexpired on my lease in Bartley Green. I need to get lease extension but my landlord is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to track down the freeholder. For most situations a specialist would be helpful to try and locate and prepare an expert document to be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Bartley Green.

Back In 2003, I bought a leasehold flat in Bartley Green. Conveyancing and The Mortgage Works mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Bartley Green who previously acted has now retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Bartley Green conveyancing firm to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to finding a Bartley Green conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Bartley Green conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you talk with two or three 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 of use:

  • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Bartley Green who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Bartley Green with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Bartley Green can be bypassed if you appoint lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the buyers conveyancers.
    • The majority landlords or managing agents in Bartley Green charge for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Bartley Green.
  • If you have had any disputes with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unsettled.
  • If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate can be a lengthy formality and slows down many a Bartley Green conveyancing transaction. Where a reissued share certificate is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore essential at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • In relation to leasehold conveyancing in Bartley Green what are the most common lease problems?

    Leasehold conveyancing in Bartley Green is not unique. Most leases is drafted differently and legal mistakes in the legal wording can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:

    • Repairing obligations to or maintain elements of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Virgin Money, and Clydesdale all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, forcing the buyer to withdraw.

    Bartley Green Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing

      What is the annual service fee and ground rent? Its a good idea to find out as much as you can about the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to practical matters like the cleanliness of the communal areas. Enquire of other people whether they are happy with their service. In conclusion, investigate as to the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money. It is important to be aware if fixing the lift or some other major work is coming up that will be shared by the leasehold owners and will materially impact the level of the service costs or require a one off invoice.

    Other Topics

    Lease Extensions in Bartley Green