My husband and I may need to let out our Marshalls Park ground floor flat temporarily due to a career opportunity. We instructed a Marshalls Park conveyancing firm in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Marshalls Park conveyancing solicitor is no longer around you can check your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek consent via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of prior permission. The consent must not not be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.

I’m about to sell my 2 bed flat in Marshalls Park.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you pay 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. Having a clear account will assist your cause and will leave you no worse off financially.

What advice can you give us when it comes to finding a Marshalls Park conveyancing firm to deal with our lease extension?

When appointing a solicitor for lease extension works (regardless if they are a Marshalls Park conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Marshalls Park conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How familiar is the practice with lease extension legislation?

What volume of lease extensions has the firm carried out in Marshalls Park in the last 12 months?

All being well we will complete the disposal of our £500000 apartment in Marshalls Park next Monday . The freeholder has quoted £420 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Marshalls Park?

Marshalls Park conveyancing on leasehold apartments nine out of ten times results in administration charges raised by management companies :

• Addressing pre-contract enquiries
• Where consent is required before sale in Marshalls Park
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Marshalls Park leasehold premises is £350. For Marshalls Park conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply the information.

When it comes to leasehold conveyancing in Marshalls Park what are the most frequent lease defects?

Leasehold conveyancing in Marshalls Park is not unique. Most leases are individual and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• 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

You could have a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Virgin Money, and Godiva Mortgages Ltd 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 defective they may refuse to grant the mortgage, obliging the buyer to pull out.

I purchased a split level flat in Marshalls Park, conveyancing having been completed in 2001. How much will my lease extension cost? Similar flats in Marshalls Park with an extended lease are worth £255,000. The ground rent is £60 yearly. The lease ceases on 21st October 2096

With only 70 years remaining on your lease the likely cost is going to span between £12,400 and £14,200 plus legals.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.

Other Topics

Lease Extensions in Marshalls Park