Sample questions relating to Bartley Green leasehold conveyancing
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?
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.
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
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?