Having had my offer accepted I require leasehold conveyancing in Kingstanding. Before diving in I require certainty as to the remaining lease term.

If 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 hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have just found out that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Kingstanding. Conveyancing solicitors have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Kingstanding ?

The majority of houses in Kingstanding 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. It is clear that you are purchasing in Kingstanding in which case you should be shopping around for a Kingstanding conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your conveyancer will appraise you on the various issues.

My wife and I purchased a leasehold flat in Kingstanding. Conveyancing and Barnsley Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Kingstanding who acted for me is not around.Any advice?

First contact HMLR to be sure that the individual claiming to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Kingstanding conveyancing firm to do this as it can be done on-line for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you offer any advice when it comes to appointing a Kingstanding conveyancing firm to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Kingstanding conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Kingstanding conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• How many lease extensions has the firm carried out in Kingstanding in the last twenty four months?

When it comes to leasehold conveyancing in Kingstanding what are the most frequent lease problems?

There is nothing unique about leasehold conveyancing in Kingstanding. Most leases are individual and legal mistakes in the legal wording can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the property
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, Leeds Building Society, and TSB all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to pull out.

Kingstanding Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

Are there any major works anticipated that could add a premium to the maintenance charges? The prefered form of lease structure is where the freehold title is in the ownership of the leaseholders. In this situation the lessees enjoy control and notwithstanding that a managing agent is usually employed where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. Who takes charge for maintaining and repairing the block?

Other Topics

Lease Extensions in Kingstanding