Guaranteed fixed fees for Leasehold Conveyancing in Halesowen

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Frequently asked questions relating to Halesowen leasehold conveyancing

My husband and I may need to rent out our Halesowen basement flat for a while due to taking a sabbatical. We used a Halesowen conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Halesowen do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold 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 permission.

Having checked my lease I have discovered that there are only 72 years left on my lease in Halesowen. I now want 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 submit an application 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 Court. However, you will be required to demonstrate that you have made all reasonable attempts to find the freeholder. In some cases an enquiry agent should be useful to carry out a search and prepare a report to be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the application to the County Court covering Halesowen.

Can you provide any advice for leasehold conveyancing in Halesowen from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Halesowen can be reduced if you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the buyers lawyers.
  • Many landlords or Management Companies in Halesowen levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Halesowen.
  • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Halesowen leases often stipulate that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such works. Should you fail to have the paperwork in place do not communicate with the landlord without checking with your solicitor in the first instance.
  • Some Halesowen leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 details of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to ongoing.

    • We expect to complete the sale of our £125000 maisonette in Halesowen in just under a week. The management company has quoted £324 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Halesowen?

    Halesowen conveyancing on leasehold flats normally necessitates the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to address such questions most will be willing to do so. They may levy a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some cases it exceeds £800. The administration charge required by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. In reality one has little choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

    What makes a Halesowen lease unmortgageable?

    There is nothing unique about leasehold conveyancing in Halesowen. All leases are individual and drafting errors can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    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. Barclays , Skipton Building Society, and Nottingham Building Society all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

    Halesowen Conveyancing for Leasehold Flats - A selection of Queries Prior to buying

      The best form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this scenario the leaseholders benefit from control and notwithstanding that a managing agent is frequently retained if it is bigger than a house conversion, the managing agent is directed by the tenants. Its a good idea to find out as much as possible about the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to day to day matters such as the cleanliness of the common parts. Ask prospective neighbours what they think of their service. On a final note, find out the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. Make sure you enquire if there are any onerous prohibitions in the lease. By way of example some leases prohibit pets being allowed in in a block in Halesowen. If you like the flatin Halesowen but your cat is not allowed to live with you then you will be presented with a hard compromise.

    Other Topics

    Lease Extensions in Halesowen