Questions and Answers: Hall Green leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Hall Green. Before I set the wheels in motion I would like to find out the remaining lease term.
Assuming the lease is recorded at the land registry - and 99.9% are in Hall Green - 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.
Looking forward to complete next month on a studio apartment in Hall Green. Conveyancing solicitors inform me that they report fully on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Hall Green should include some of the following:
- You should receive a copy of the lease
I am hoping to put an offer on a small detached house that appears to be perfect, at a reasonable price which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Hall Green. Conveyancing advisers have are about to be appointed. Will they explain the issues?
The majority of houses in Hall Green are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Hall Green so you should seriously consider shopping around for a Hall Green conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the house is part of an estate. Your solicitor should advise you fully on all the issues.
I am a negotiator for a busy estate agency in Hall Green where we see a number of flat sales put at risk due to short leases. I have received inconsistent advice from local Hall Green conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can start the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Can you provide any advice for leasehold conveyancing in Hall Green from the point of view of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Hall Green can be avoided if you instruct lawyers the minute your agents start marketing the property and request that they start to collate the leasehold information needed by the purchasers’ solicitors.
- The majority freeholders or managing agents in Hall Green levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Hall Green.
Hall Green Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
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What is the annual maintenance fee and ground rent?
Where a Hall Green lease has less than 80 years it will impact the marketability of the flat. Check with your lender that they are happy with residual term of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this will be. For most Hall Greenlease extensions you will be be obliged to have been the owner of the residence for 24 months in order to be legally able to carry out a lease extension.
Are any of leasehold owners in arrears of their service charge payments?
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