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When it comes to leasehold conveyancing in Bournville, you will need to chose a conveyancing practitioner with leasehold experience. Whether your lender is to be Lloyds, RBS or NatWest make sure you choose a lawyer on their approved list. Feel free to use our search tool

Recently asked questions relating to Bournville leasehold conveyancing

I have recently realised that I have Sixty One years left on my lease in Bournville. I now want to extend my lease but my freeholder is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the freeholder. In some cases a specialist would be useful to carry out a search and to produce a report to be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court overseeing Bournville.

I have just started marketing my garden flat in Bournville.Conveyancing has not commenced but I have just received a yearly service charge invoice – should I leave it to the buyer to sort out?

It best that you discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

Back In 2004, I bought a leasehold flat in Bournville. Conveyancing and Bank of Scotland mortgage organised. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Bournville who previously acted has now retired.Do I pay?

The first thing you should do is contact HMLR to be sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Bournville conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to choosing a Bournville conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a Bournville conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Bournville conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

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

    • Can you provide any advice for leasehold conveyancing in Bournville with the intention of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Bournville can be reduced where you get in touch lawyers the minute you market your property and request that they start to put together the leasehold information needed by the buyers conveyancers.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Bournville state that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the approvals to hand do not contact the landlord without checking with your lawyer in advance.
  • Some Bournville leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as historic rather than unsettled.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Bournville Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying

      The prefered form of lease structure is if the freehold title is owned by the leaseholders. In this situation the leaseholders have being in charge if their destiny and even though a managing agent is often retained where it is bigger than a house conversion, the managing agent employed by the leaseholders. What restrictions are there in the Bournville Lease? Generally speaking the cost for major works tend not to be wrapped into the service charges, albeit that there some managing agents in Bournville require tenants to contribute towards a sinking fund created for the specific intention of establishing a fund for major repairs or maintenance.

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    Lease Extensions in Bournville