Having had my offer accepted I require leasehold conveyancing in New Invention. Before diving in I want to be sure as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all are in New Invention - 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 intending to rent out my leasehold flat in New Invention. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous New Invention conveyancing lawyer is not available you can review your lease to see if it allows you to sublet the apartment. The accepted inference is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must obtain permission from your landlord or other appropriate person prior to subletting. The net result is that you cannot sublet in the absence of prior consent. The consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

What are your top tips when it comes to appointing a New Invention conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for your lease extension (regardless if they are a New Invention conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non New Invention conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How many lease extensions have they conducted in New Invention in the last year?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 flat in New Invention in seven days. The managing agents has quoted £360 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in New Invention?

New Invention conveyancing on leasehold apartments often requires the purchaser’s conveyancer sending enquiries for the landlord to address. Although the landlord is not legally bound to answer such questions most will be content to do so. They are at liberty levy a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge required by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality one has little option but to pay whatever is requested of you should you wish to sell the property.

What are the common problems that you come across in leases for New Invention properties?

Leasehold conveyancing in New Invention is not unique. All leases is drafted differently and drafting errors can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the building
• 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

You could encounter 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. Birmingham Midshires, Bank of Scotland, and Godiva Mortgages Ltd 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.

New Invention Leasehold Conveyancing - A selection of Questions you should consider Prior to buying

How is the lease structured? What prohibitions exist in the New Invention Lease? The answer will be useful as a) areas may result in problems for the block as the communal areas may begin to deteriorate where repairs are not paid for b) if the tenants have a dispute with the managing agents you will wish to know about it

Other Topics

Lease Extensions in New Invention