Experts for Leasehold Conveyancing in Chelmsley Wood

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Chelmsley Wood leasehold conveyancing: Q and A’s

Harry (my fiance) and I may need to let out our Chelmsley Wood 1st floor flat temporarily due to a career opportunity. We used a Chelmsley Wood conveyancing practice in 2001 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Chelmsley Wood 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 see references. Experience dictates 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.

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Chelmsley Wood. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Chelmsley Wood ?

Most houses in Chelmsley Wood are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Chelmsley Wood in which case you should be shopping around for a Chelmsley Wood conveyancing solicitor and check that they are used to 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 at liberty to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your conveyancer will advise you fully on all the issues.

My wife and I purchased a leasehold flat in Chelmsley Wood. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Chelmsley Wood who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Chelmsley Wood conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

We expect to complete the disposal of our £200000 maisonette in Chelmsley Wood in 10 days. The managing agents has quoted £420 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Chelmsley Wood?

Chelmsley Wood conveyancing on leasehold flats normally necessitates the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to such questions the majority will be content to do so. They are at liberty invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge invoiced by the landlord must be accompanied by a summary of entitlements 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 should you wish to complete the sale of your home.

What makes a Chelmsley Wood lease defective?

There is nothing unique about leasehold conveyancing in Chelmsley Wood. All leases is drafted differently and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

  • Repairing obligations to or maintain elements of the property
  • Insurance obligations
  • A provision for the recovery of money spent for the benefit of another party.
  • Maintenance charge proportions which don’t add up to the correct percentage

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Virgin Money, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.

I inherited a 2 bed flat in Chelmsley Wood, conveyancing formalities finalised in 2010. Can you please calculate a probable premium for a statutory lease extension? Corresponding flats in Chelmsley Wood with over 90 years remaining are worth £179,000. The ground rent is £45 charged once a year. The lease terminates on 21st October 2095

With 69 years left to run we estimate the premium for your lease extension to be between £10,500 and £12,000 plus professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to advice on a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before getting professional advice.

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Lease Extensions in Chelmsley Wood