Fixed-fee leasehold conveyancing in Edgbaston:

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Examples of recent questions relating to leasehold conveyancing in Edgbaston

Having checked my lease I have discovered that there are only 68 years remaining on my flat in Edgbaston. I now wish to get lease extension but my freeholder is can not be found. What options are available to me?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the landlord. On the whole an enquiry agent should be helpful to try and locate and prepare a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court covering Edgbaston.

I today plan to offer on a house that seems to meet my requirements, at a great price which is making it more attractive. I have since discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Edgbaston. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Edgbaston ?

Most houses in Edgbaston are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are purchasing in Edgbaston so you should seriously consider looking for a Edgbaston conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer will appraise you on the various issues.

I've recently bought a leasehold house in Edgbaston. Am I liable to pay service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee 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 ensure 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 top tips for leasehold conveyancing in Edgbaston from the point of view of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Edgbaston can be bypassed where you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers representatives.
  • The majority freeholders or managing agents in Edgbaston charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Edgbaston.
  • A minority of Edgbaston leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your landlord or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is unsettled. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you are supposed to have a share in the Management Company, you should make sure that you hold the original share document. Obtaining a new share certificate is often a lengthy formality and slows down many a Edgbaston conveyancing deal. If a reissued share certificate is required, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £400000 maisonette in Edgbaston in just under a week. The freeholder has quoted £396 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Edgbaston?

    Edgbaston conveyancing on leasehold apartments normally requires the buyer’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to respond to such questions most will be willing to assist. They are entitled charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge invoiced by the landlord must be accompanied by a summary of rights and obligations in respect of administration fees, otherwise the invoice is technically not due. Reality however dictates that one has little choice but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

    Edgbaston Leasehold Conveyancing - A selection of Questions you should ask before buying

      Is anyone aware of any major works anticipated that will add a premium to the service charges? What is the the remaining lease term? Best to be warned if a new roof is being installed or some other major work is pending that will be shared between the tenants and will dramatically impact the level of the service fees or result in a one time payment.

    Other Topics

    Lease Extensions in Edgbaston