I am in need of some leasehold conveyancing in Handsworth. Before diving in I would like to find out the unexpired term of the lease.

If the lease is recorded at the land registry - and almost all are in Handsworth - then the leasehold title will always include the basic details 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.

Expecting to exchange soon on a leasehold property in Handsworth. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• How long the lease is You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years

Does the lease prohibit wood flooring?

You should be told what constitutes a Nuisance in the lease

Ground rent - how much and when you need to pay, and also know whether this will change in the future

An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has

You should have a good understanding of the insurance provisions

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 For details of the information to be contained in your report on your leasehold property in Handsworth please enquire of your conveyancer in ahead of your conveyancing in Handsworth

I am a negotiator for a long established estate agency in Handsworth where we see a few leasehold sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Handsworth conveyancing solicitors. Could you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the buyer?

As long as the seller has been the owner 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. The benefit of this is that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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 top tips for leasehold conveyancing in Handsworth from the point of view of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Handsworth can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Handsworth leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you fail to have the consents in place you should not communicate with the landlord without checking with your solicitor first.

If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where a dispute is ongoing. You may need to swallow your pride and discharge 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 are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to ongoing.

If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Arranging a re-issued share certificate can be a time consuming process and slows down many a Handsworth home move. Where a new share certificate is needed, do contact the company director and secretary or managing agents (where 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 via your solicitors. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is under 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

Completion in due on our sale of a £425000 garden flat in Handsworth on Friday in a week. The freeholder has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Handsworth?

For the majority of leasehold sales in Handsworth conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing conveyancing due diligence questions
• Where consent is required before sale in Handsworth
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Handsworth leasehold premises is £350. For Handsworth conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

Handsworth Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

Can you inform me if there are any major works in the near future that will likely add a premium to the maintenance charges? Its a good idea to find out as much as possible concerning the managing agents as they will either make your life much simpler or much more difficult. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical matters like the tidiness of the communal areas. You should not be afraid to ask other people what they think of their service. In conclusion, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending that money. What is the length of the lease?

Other Topics

Lease Extensions in Handsworth