Top Five Questions relating to Kings Norton leasehold conveyancing
I am hoping to sign contracts shortly on a garden flat in Kings Norton. Conveyancing solicitors assured me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Kings Norton should include some of the following:
- Do you need to have carpet in the flat or are you allowed wood flooring?
- Does the lease prevent you from renting out the flat, or working from home
- You need to be told what constitutes a Nuisance in the lease
- You should have a good understanding of the insurance provisions
- Repair and maintenance of the flat
- Responsibility for repairing the window frames
- What options are open to you if a neighbour breach a clause of their lease?
Estate agents have just been given the go-ahead to market my ground floor apartment in Kings Norton.Conveyancing solicitors are to be appointed soon but I have just received a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should 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 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 attracted to a couple of flats in Kings Norton which have approximately forty five years unexpired on the lease term. Will this present a problem?
There are plenty of short leases in Kings Norton. The lease is a legal document that entitles you to use the property for a period of time. As the lease shortens the value of the lease reduces and results in it becoming more expensive to acquire a lease extension. This is why it is often a good idea to extend the lease term. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional assistance from a solicitor and surveyor with experience in this field
I am a negotiator for a reputable estate agent office in Kings Norton where we see a few leasehold sales put at risk as a result of short leases. I have received inconsistent advice from local Kings Norton conveyancing solicitors. Could you confirm whether the vendor of a flat can instigate the lease extension process for the buyer?
As long as the seller has owned the lease 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 need not have to sit tight for 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 sale.
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 buyer.
What advice can you give us when it comes to appointing a Kings Norton conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Kings Norton conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with several firms including non Kings Norton 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 of use:
- How familiar is the practice with lease extension legislation?
- What volume of lease extensions have they carried out in Kings Norton in the last year?
Leasehold Conveyancing in Kings Norton - Sample of Questions you should consider Prior to Purchasing
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Please note if it is less than 80 years it will have adverse implications on the marketability of the flat. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely need a lease extension at some point and you need to have some idea of what this will be. For most Kings Nortonlease extensions you would be be obliged to have been the owner of the property for a couple of years in order to be entitled to exercise a lease extension.
What is the annual maintenance fee and ground rent?