Experts for Leasehold Conveyancing in Handsworth

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Recently asked questions relating to Handsworth leasehold conveyancing

I would like to let out my leasehold flat in Handsworth. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs relations between the freeholder and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Handsworth do not contain subletting altogether – such a provision would adversely affect the market value the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

There are only 62 years unexpired on my flat in Handsworth. I now wish to extend my lease but my freeholder is missing. What options are available to me?

On the basis that 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 have used your best endeavours to track down the lessor. On the whole an enquiry agent would be helpful to try and locate and to produce an expert document which can be used as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Handsworth.

Looking forward to complete next month on a garden flat in Handsworth. Conveyancing lawyers assured me that they report fully tomorrow. What should I be looking out for?

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

  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • You must be told what constitutes a Nuisance in the lease
  • 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
  • Changes to the flat (alterations and additions)
  • 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. For a comprehensive list of information to be contained in your report on your leasehold property in Handsworth please enquire of your lawyer in advance of your conveyancing in Handsworth

    • Estate agents have just been given the go-ahead to market my basement apartment in Handsworth.Conveyancing has not commenced but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

    It best that you discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    What advice can you give us when it comes to choosing a Handsworth conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Handsworth conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Handsworth conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

    • Can they put you in touch with client in Handsworth who can give a testimonial?
  • What are the charges for lease extension conveyancing?

    • Leasehold Conveyancing in Handsworth - A selection of Questions you should consider before Purchasing

      Best to be warned whether changing the roof or some other major work is pending to be shared between the tenants and will dramatically increase the the service fees or necessitate a one off invoice. It would be wise to discover as much as possible concerning the managing agents as they will either make life much easier or uncomfortable. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the cleanliness of the communal areas. Ask other tenants if they are happy with them. On a final note, find out the dates that you are obliged pay the service charge to the appropriate party and precisely what it includes. In the main the outlay for major works tend not to be included within maintenance charges, albeit that there some managing agents in Handsworth obliged leaseholders to contribute towards a sinking fund and this is used to offset against major repairs or maintenance.

    Other Topics

    Lease Extensions in Handsworth