I am in need of some leasehold conveyancing in Kingstanding. Before I get started I would like to find out the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and most are in Kingstanding - then the leasehold title will always include the basic details 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.

I am a negotiator for a long established estate agency in Kingstanding where we have witnessed a number of flat sales put at risk due to short leases. I have received contradictory information from local Kingstanding conveyancing solicitors. Could you confirm whether the owner of a flat can start 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. 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 disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder 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.

Do you have any top tips for leasehold conveyancing in Kingstanding with the purpose of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Kingstanding can be bypassed where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers lawyers.
• The majority landlords or managing agents in Kingstanding charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Kingstanding.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you installed wooden flooring? Kingstanding leases often stipulate that internal structural changes or addition of wooden flooring calls for a licence from the Landlord consenting to such changes. If you dont have the consents to hand you should not communicate with the landlord without contacting your solicitor in advance.
• If you hold a share in a the freehold, you should make sure that you are holding the original share document. Obtaining a replacement share certificate is often a time consuming formality and delays many a Kingstanding home move. Where a reissued share certificate is required, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but you should verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

If all goes to plan we aim to complete our sale of a £ 150000 apartment in Kingstanding on Thursday in a week. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Kingstanding?

Kingstanding conveyancing on leasehold flats more often than not necessitates the purchaser’s lawyer submitting enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to assist. They are entitled invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is above £800. The management information fee demanded by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, without which the invoice is technically not due. Reality however dictates that you have no choice but to pay whatever is demanded if you want to sell the property.

Are there frequently found defects that you come across in leases for Kingstanding properties?

There is nothing unique about leasehold conveyancing in Kingstanding. All leases are individual and drafting errors can sometimes mean that certain clauses are wrong. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Bank of Scotland, and TSB all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

Kingstanding Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying

The majority of Kingstanding leasehold properties will be liable to pay a service bill for the upkeep of the block set by the management company. If you acquire the property you will have to meet this amount, usually quarterly throughout the year. This can differ from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all probability there will be a rentcharge for you to pay annual, ordinarily this is not a exorbitant figure, say around £50-£100 but you should to enquire as sometimes it can be many hundreds of pounds. Best to be warned whether changing the roof or some other major work is due shortly that will be shared by the tenants and will dramatically impact the level of the service charges or require a one off payment.