Fixed-fee leasehold conveyancing in Birmingham and the Black Country:

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Sample questions relating to Birmingham and the Black Country leasehold conveyancing

I am intending to rent out my leasehold apartment in Birmingham and the Black Country. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A small minority of properties in Birmingham and the Black Country do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Due to exchange soon on a garden flat in Birmingham and the Black Country. Conveyancing solicitors assured me that they report fully on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Birmingham and the Black Country should include some of the following:

  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a sinking fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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.
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Birmingham and the Black Country please enquire of your lawyer in ahead of your conveyancing in Birmingham and the Black Country

  • I today plan to offer on a house that appears to be perfect, at a great price which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in Birmingham and the Black Country. Conveyancing lawyers have not yet been instructed. Will they explain the issues?

    Most houses in Birmingham and the Black Country are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Birmingham and the Black Country so you should seriously consider looking for a Birmingham and the Black Country conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your solicitor will advise you fully on all the issues.

    What advice can you give us when it comes to finding a Birmingham and the Black Country conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for lease extension works (regardless if they are a Birmingham and the Black Country conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Birmingham and the Black Country conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • If they are not ALEP accredited then what is the reason?
  • Can they put you in touch with client in Birmingham and the Black Country who can give a testimonial?

  • Do you have any top tips for leasehold conveyancing in Birmingham and the Black Country with the aim of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Birmingham and the Black Country can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ representatives.
    • Many freeholders or Management Companies in Birmingham and the Black Country levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Birmingham and the Black Country.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Birmingham and the Black Country state that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord approving such changes. Where you fail to have the paperwork to hand do not contact the landlord without checking with your solicitor in advance.
  • If you are supposed to have a share in the Management Company, you should ensure that you hold the original share document. Obtaining a replacement share certificate can be a time consuming formality and slows down many a Birmingham and the Black Country conveyancing transaction. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where applicable) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is essential at an as soon as possible that you identify 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.

  • Birmingham and the Black Country Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

      Does the lease have onerous restrictions? Generally speaking the outlay for major works tend not to be built into the service charges, albeit that a few managing agents in Birmingham and the Black Country ask tenants to pay into a sinking fund and this is used to offset against major repairs or maintenance. Many Birmingham and the Black Country leasehold properties will incur a service bill for maintenance of the block levied by the freeholder. If you acquire the apartment you will have to pay this charge, usually in instalments throughout the year. This could be anything from a couple of hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent for you to pay annual, normally this is not a exorbitant figure, say approximately £50-£100 but you need to check it because occasionally it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Birmingham and the Black Country