Fixed-fee leasehold conveyancing in Handsworth:

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Examples of recent questions relating to leasehold conveyancing in Handsworth

I wish to sublet my leasehold flat in Handsworth. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Your 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 caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Handsworth do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

There are only Sixty One years left on my lease in Handsworth. I now wish to extend my lease but my landlord is missing. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to track down the freeholder. On the whole an enquiry agent should be useful to conduct investigations and prepare a report which can be used as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Handsworth.

Looking forward to complete next month on a ground floor flat in Handsworth. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

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

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Will you be prohibited or prevented from having pets in the property?
  • 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
  • Repair and maintenance of the flat
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be included in your report on your leasehold property in Handsworth please enquire of your lawyer in ahead of your conveyancing in Handsworth

    • I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable figure which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Handsworth. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Handsworth ?

    The majority of houses in Handsworth are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Handsworth so you should seriously consider shopping around for a Handsworth conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your lawyer will report to you on the legal implications.

    Can you offer any advice when it comes to finding a Handsworth conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a solicitor for your lease extension (regardless if they are a Handsworth conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Handsworth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

    • How familiar is the firm with lease extension legislation?
  • Can they put you in touch with client in Handsworth who can give a testimonial?

    • Handsworth Leasehold Conveyancing - Examples of Queries before Purchasing

      For many Handsworth leaseholds the outlay for major works are not built into the service charges, albeit that a few managing agents in Handsworth ask leasehold owners to pay into a sinking fund created for the specific intention of establishing a fund for major repairs or maintenance. It would be sensible to find out as much as you can about the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are often in the clutches of the managing agents both financially and when it comes to day to day issues like the tidiness of the communal areas. Enquire of other people what they think of their service. Finally, investigate as to the dates that the service fees are due to the managing agents and specifically what you get for your money. How is the lease structured?

    Other Topics

    Lease Extensions in Handsworth