Jane (my partner) and I may need to let out our Handsworth ground floor flat temporarily due to a new job. We instructed a Handsworth conveyancing firm in 2001 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 Handsworth do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates 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.

I am hoping to complete next month on a studio apartment in Handsworth. Conveyancing lawyers inform me that they report fully within the next couple of days. What should I be looking out for?

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

• The physical extent of the property. This will be the apartment itself but might incorporate a loft or basement if appropriate.
• 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
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• 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.
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
• Responsibility for repairing the window frames

I’m about to sell my 2 bed flat in Handsworth.Conveyancing lawyers have not yet been instructed but I have just had a quarterly service charge demand – what should I do?

It best that you pay the invoice 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 managing agents 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.

I am employed by a reputable estate agency in Handsworth where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have received inconsistent advice from local Handsworth conveyancing solicitors. Could you clarify whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Do you have any advice for leasehold conveyancing in Handsworth with the intention of expediting the sale process?

• Much of the delay in leasehold conveyancing in Handsworth can be bypassed if you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
• If you have carried out any alterations to the premises would they have required Landlord’s permission? In particular have you laid down wooden flooring? Handsworth leases often stipulate that internal structural changes or laying down wooden flooring require a licence from the Landlord acquiescing to such works. Should you fail to have the consents to hand you should not communicate with the landlord without contacting your solicitor in advance.
• A minority of Handsworth leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any 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 actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. 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 particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unsettled.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Organising a new share certificate can be a lengthy formality and frustrates many a Handsworth home move. If a new share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

I own a basement flat in Handsworth, conveyancing having been completed 2003. Can you work out an approximate cost of a lease extension? Equivalent properties in Handsworth with a long lease are worth £178,000. The ground rent is £50 yearly. The lease expires on 21st October 2080

With just 54 years unexpired we estimate the price of your lease extension to span between £30,400 and £35,200 as well as costs.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure in the absence of detailed investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.