Having had my offer accepted I require leasehold conveyancing in Birmingham and the Black Country. Before I set the wheels in motion I require certainty as to the unexpired term of the lease.

Assuming the lease is registered - and most are in Birmingham and the Black Country - then the leasehold title will always include the short particulars 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.

There are only 72 years remaining on my lease in Birmingham and the Black Country. I am keen to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you have done all that could be expected to track down the freeholder. In some cases an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the landlord can not be located. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Birmingham and the Black Country.

I am tempted by the attractive purchase price for a couple of maisonettes in Birmingham and the Black Country both have in the region of forty five years remaining on the leases. Do I need to be concerned?

A lease is a legal document that entitles you to use the premises for a period of time. As a lease gets shorter the saleability of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies may be reluctant to lend money on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

What are your top tips when it comes to appointing a Birmingham and the Black Country conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a solicitor for lease extension works (regardless if they are a Birmingham and the Black Country conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non Birmingham and the Black Country conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If they are not ALEP accredited then why not?

In relation to leasehold conveyancing in Birmingham and the Black Country what are the most frequent lease defects?

Leasehold conveyancing in Birmingham and the Black Country is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain parts of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Skipton Building Society, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

Birmingham and the Black Country Conveyancing for Leasehold Flats - A selection of Queries before buying

The prefered form of lease arrangement is if the freehold interest is owned by the leaseholders. In this scenario the tenants have being in charge if their destiny and even though a managing agent is often employed where the building is larger than a house conversion, the managing agent retained by the leaseholders. In the main the cost for major works tend not to be included within service charges, although a few managing agents in Birmingham and the Black Country obliged leaseholders to pay into a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance. How many of the leaseholders are in arrears for their maintenance charge payments?

Other Topics

Lease Extensions in Birmingham and the Black Country