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When it comes to leasehold conveyancing in Emersons Green, you will need to instruct a conveyancing practitioner with leasehold experience. Whether your mortgage company is to be Santander, RBS or Bradford & Bingley make sure you find a lawyer on their approved list. Find a Emersons Green conveyancing lawyer with our search tool

Questions and Answers: Emersons Green leasehold conveyancing

I want to rent out my leasehold apartment in Emersons Green. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Some leases for properties in Emersons Green do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see 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 consent.

I am hoping to sign contracts shortly on a basement flat in Emersons Green. Conveyancing solicitors have said that they will have a report out to me next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Emersons Green should include some of the following:

  • The physical extent of the demise. This will be the apartment itself but could also incorporate a roof space or basement if appropriate.
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • Responsibility for repairing the window frames
  • What you can do if a neighbour is in violation of a provision in their lease?
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Emersons Green please enquire of your solicitor in advance of your conveyancing in Emersons Green

    • I am looking at a couple of flats in Emersons Green both have approximately forty five years unexpired on the lease term. Will this present a problem?

    A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease gets shorter the saleability of the lease deteriorate and it becomes more expensive to extend the lease. For this reason it is often a good idea to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

    Last month I purchased a leasehold property in Emersons Green. Do I have any liability for service charges for periods before completion of my purchase?

    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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    Can you provide any top tips for leasehold conveyancing in Emersons Green from the perspective of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Emersons Green can be bypassed where you appoint lawyers as soon as you market your property and request that they start to collate the leasehold information which will be required by the buyers conveyancers.
    • Many landlords or Management Companies in Emersons Green levy fees for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Emersons Green.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Emersons Green state that internal structural changes or installing wooden flooring calls for a licence from the Landlord acquiescing to such alterations. Where you fail to have the consents to hand do not contact the landlord without contacting your conveyancer in advance.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Organising a new share certificate is often a lengthy process and delays many a Emersons Green home move. Where a reissued share is necessary, do contact the company officers or managing agents (if relevant) for this at the earliest opportunity.
  • You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 75 years. It is therefore important at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • I inherited a split level flat in Emersons Green, conveyancing formalities finalised half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Emersons Green with a long lease are worth £237,000. The ground rent is £50 yearly. The lease terminates on 21st October 2092

    You have 67 years left to run the likely cost is going to be between £12,400 and £14,200 plus costs.

    The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Emersons Green