Having checked my lease I have discovered that there are only Sixty One years unexpired on my lease in Castle Bromwich. I now want to extend my lease but my landlord is absent. What should I do?

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 Court. However, you will be required to prove that you or your lawyers have done all that could be expected to find the landlord. In some cases an enquiry agent should be useful to try and locate and prepare an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Castle Bromwich.

I’m about to sell my ground floor flat in Castle Bromwich.Conveyancing solicitors are to be appointed soon but I have just had a quarterly service charge invoice – should I leave it to the buyer to sort out?

The sensible thing to do is 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 managing agents 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. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Castle Bromwich. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Castle Bromwich ?

Most houses in Castle Bromwich are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Castle Bromwich in which case you should be shopping around for a Castle Bromwich conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your lawyer will appraise you on the various issues.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £275000 garden flat in Castle Bromwich in six days. The freeholder has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Castle Bromwich?

Castle Bromwich conveyancing on leasehold flats usually requires the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to address these enquiries most will be content to do so. They are entitled charge a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some cases it exceeds £800. The administration charge required by the landlord must be sent together with a synopsis of rights and obligations in relation to administration charges, otherwise the charge is technically not due. In reality one has no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

What are the common defects that you witness in leases for Castle Bromwich properties?

There is nothing unique about leasehold conveyancing in Castle Bromwich. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, Coventry Building Society, and Barclays Direct all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

Castle Bromwich Leasehold Conveyancing - A selection of Questions you should ask before Purchasing

The best form of lease structure is a share of the freehold. In this situation the leaseholders benefit from control and even though a managing agent is usually retained if it is larger than a house conversion, the managing agent is directed by the tenants. What is the yearly service fee and ground rent? Be sure to find out if there are any onerous prohibitions in the lease. By way of example it is very common in Castle Bromwich leases that pets are not allowed in in a block in Castle Bromwich. If you like the apartmentin Castle Bromwich but your dog is not allowed to live with you then you will be presented with a hard compromise.

Other Topics

Lease Extensions in Castle Bromwich