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

If the lease is recorded at the land registry - and most are in West 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.

I have recently realised that I have 62 years left on my lease in West Heath. 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 an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to locate the freeholder. On the whole an enquiry agent should be helpful to carry out a search and prepare an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing West Heath.

I have just started marketing my 2 bed flat in West Heath.Conveyancing is yet to be initiated but I have just received a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you discharge the invoice 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 management companies 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. This will smooth the conveyancing process.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently been informed that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in West Heath. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in West Heath are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in West Heath so you should seriously consider looking for a West 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. As 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 freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should appraise you on the various issues.

Do you have any top tips for leasehold conveyancing in West Heath from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in West Heath can be avoided where you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers lawyers.
• The majority landlords or managing agents in West Heath charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in West Heath.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? West Heath leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such alterations. If you dont have the paperwork to hand you should not contact the landlord without checking with your solicitor before hand.
• If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Obtaining a new share certificate is often a lengthy process and slows down many a West Heath home move. If a duplicate share certificate is necessary, do contact the company officers or managing agents (if relevant) for this as soon as possible.
• You may think that you are aware of the number of years left on your lease but you should double-check via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

After months of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in West Heath. Can we issue an application to the Residential Property Tribunal Service?

You certainly can. We can put you in touch with a West Heath conveyancing firm who can help.

An example of a Lease Extension case for a West Heath property is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case related to 13 flats. The unexpired term was 76 years.

Leasehold Conveyancing in West Heath - A selection of Questions you should ask Prior to Purchasing

The majority of West Heath leasehold apartments will incur a service charge for the upkeep of the block levied on behalf of the management company. If you buy the property you will have to meet this contribution, normally periodically accross the year. This may be anything from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a significant figure, say approximately £50-£100 but you should to enquire as on occasion it could be surprisingly expensive.