Fixed-fee leasehold conveyancing in Brown Edge:

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Sample questions relating to Brown Edge leasehold conveyancing

I am on look out for some leasehold conveyancing in Brown Edge. Before I get started I require certainty as to the remaining lease term.

If the lease is registered - and almost all are in Brown Edge - then the leasehold title will always include the basic details 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.

My partner and I may need to let out our Brown Edge ground floor flat temporarily due to taking a sabbatical. We instructed a Brown Edge conveyancing firm in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your last Brown Edge conveyancing lawyer is not available you can review your lease to see if it allows you to sublet the property. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you must obtain permission from your landlord or other appropriate person prior to subletting. This means you not allowed to sublet without first obtaining permission. The consent is not allowed to be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I’m about to sell my 2 bed apartment in Brown Edge.Conveyancing lawyers have not yet been instructed but I have just received a half-yearly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is clear 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.

I am a negotiator for a long established estate agent office in Brown Edge where we see a few leasehold sales put at risk as a result of short leases. I have received conflicting advice from local Brown Edge conveyancing firms. Can you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.

Alternatively, it may be possible 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 buyer.

Can you provide any advice for leasehold conveyancing in Brown Edge with the aim of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Brown Edge can be avoided if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the buyers lawyers.
  • Many landlords or Management Companies in Brown Edge levy fees for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Brown Edge.
  • A minority of Brown Edge leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as over rather than unsettled.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a duplicate share certificate can be a time consuming process and slows down many a Brown Edge conveyancing deal. Where a duplicate share is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • I inherited a ground floor flat in Brown Edge, conveyancing having been completed 7 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Brown Edge with over 90 years remaining are worth £174,000. The average or mid-range amount of ground rent is £45 invoiced every year. The lease expires on 21st October 2094

    With just 69 years remaining on your lease we estimate the price of your lease extension to be between £10,500 and £12,000 plus professional fees.

    The figure above a general guide to costs for renewing a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use this information in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Neither should you move forward based on this information before seeking the advice of a professional.

    Other Topics

    Lease Extensions in Brown Edge