Having had my offer accepted I require leasehold conveyancing in Castle Bromwich. Before diving in I require certainty as to the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Castle Bromwich - 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.

I wish to rent out my leasehold flat in Castle Bromwich. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Castle Bromwich do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review 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 permission.

I today plan to offer on a house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have subsequently been informed that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Castle Bromwich. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Castle Bromwich ?

The majority of houses in Castle Bromwich are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear 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 unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer will advise you fully on all the issues.

I work for a reputable estate agency in Castle Bromwich where we have witnessed a few flat sales put at risk due to short leases. I have been given conflicting advice from local Castle Bromwich conveyancing solicitors. Could you clarify whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

What advice can you give us when it comes to choosing a Castle Bromwich conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Castle Bromwich conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Castle Bromwich conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:

• How many lease extensions have they completed in Castle Bromwich in the last twenty four months?

Leasehold Conveyancing in Castle Bromwich - Sample of Questions you should consider Prior to Purchasing

Most Castle Bromwich leasehold properties will incur a service charge for maintenance of the block invoiced on behalf of the management company. Where you purchase the property you will have to pay this amount, normally in instalments throughout the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge to be met annual, ordinarily this is not a large figure, say approximately £25-£75 but you should to check it because on occasion it could be surprisingly expensive. Does this lease have in excess of 80 years remaining? Make sure you discover if the the lease contains any onerous restrictions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Castle Bromwich. If you like the apartmentin Castle Bromwich yet your dog can’t make the move with you then you will be presented with a difficult compromise.

Other Topics

Lease Extensions in Castle Bromwich