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While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Dickens Heath, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Recently asked questions relating to Dickens Heath leasehold conveyancing

I am in need of some leasehold conveyancing in Dickens Heath. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and most are in Dickens Heath - then the leasehold title will always include the short particulars 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.

Having checked my lease I have discovered that there are only 72 years left on my flat in Dickens Heath. I am keen to extend my lease but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. For most situations an enquiry agent would be useful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court overseeing Dickens Heath.

I am looking at a two maisonettes in Dickens Heath both have about fifty years remaining on the leases. Do I need to be concerned?

A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease reduces and results in it becoming more costly to extend the lease. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease extension can be a difficult process. We advise that you get professional assistance from a solicitor and surveyor with experience in this arena

I've recently bought a leasehold flat in Dickens Heath. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any advice for leasehold conveyancing in Dickens Heath with the intention of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Dickens Heath can be avoided where you instruct lawyers as soon as you market your property and request that they start to collate the leasehold information needed by the buyers conveyancers.
  • The majority freeholders or managing agents in Dickens Heath charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Dickens Heath.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Dickens Heath leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such alterations. If you dont have the approvals in place you should not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Dickens Heath leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 the benefit of shareholding in the freehold, you should make sure that you have the original share document. Arranging a re-issued share certificate can be a time consuming process and frustrates many a Dickens Heath home move. If a new share certificate is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Dickens Heath Leasehold Conveyancing - Examples of Queries before buying

      Who are the managing agents? In the main the cost for major works are not included within maintenance charges, although some managing agents in Dickens Heath obliged leasehold owners to pay into a reserve fund created for the specific purpose of establishing a fund for larger repairs or maintenance. How many years remain on the lease?

    Other Topics

    Lease Extensions in Dickens Heath