I am in need of some leasehold conveyancing in Kings Heath. Before diving in I want to be sure as to the remaining lease term.

If the lease is registered - and almost all are in Kings Heath - 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.

Jane (my partner) and I may need to rent out our Kings Heath basement flat temporarily due to a career opportunity. We used a Kings Heath conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease governs the relationship between the freeholder and you the flat owner; specifically, it will set out if subletting is prohibited, 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 Kings Heath do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Kings Heath. Conveyancing lawyers have are about to be instructed. Will they explain the issues?

The majority of houses in Kings Heath are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Kings Heath in which case you should be shopping around for a Kings Heath conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is part of an estate. Your lawyer will report to you on the legal implications.

What advice can you give us when it comes to choosing a Kings Heath conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a conveyancer for your lease extension (regardless if they are a Kings Heath conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Kings Heath conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be useful:

• What volume of lease extensions have they conducted in Kings Heath in the last year?
• What are the costs for lease extension conveyancing?

Do you have any top tips for leasehold conveyancing in Kings Heath with the intention of expediting the sale process?

• Much of the delay in leasehold conveyancing in Kings Heath can be avoided where you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Kings Heath leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. If you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer before hand.
• If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You may have to bite the bullet 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 prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
• If you hold a share in a the freehold, you should make sure that you have the original share certificate. Obtaining a re-issued share certificate can be a lengthy process and slows down many a Kings Heath home move. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity.
• You may think that you are aware of the number of years left on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 75 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Kings Heath Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to Purchasing

For many Kings Heath leaseholds the cost for major works tend not to be included within maintenance charges, albeit that a few managing agents in Kings Heath ask leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. The prefered form of lease structure is a share of the freehold. In this arrangement the tenants have control and even though a managing agent is usually employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.