Perry Barr leasehold conveyancing: Q and A’s
Frank (my husband) and I may need to let out our Perry Barr ground floor flat temporarily due to a new job. We used a Perry Barr 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 Perry Barr conveyancing lawyer is not available you can review your lease to check if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must obtain permission from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without prior permission. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.
Estate agents have just been given the go-ahead to market my basement apartment in Perry Barr.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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 managing agents 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 seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Perry Barr. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Perry Barr ?
Most houses in Perry Barr are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in Perry Barr so you should seriously consider shopping around for a Perry Barr conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.
My wife and I purchased a leasehold flat in Perry Barr. Conveyancing and Aldermore mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Perry Barr who acted for me is not around.What should I do?
The first thing you should do is make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to instruct a Perry Barr conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Are there common defects that you witness in leases for Perry Barr properties?
There is nothing unique about leasehold conveyancing in Perry Barr. Most leases are individual and legal mistakes in the legal wording can result in certain sections are not included. The following missing provisions could result in a defective lease:
- A provision to repair to or maintain parts of the premises
- A duty to insure the building
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, The Royal Bank of Scotland, and TSB all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to grant the mortgage, obliging the buyer to pull out.
Perry Barr Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to Purchasing
Are there any major works anticipated that will likely increase the maintenance charges?
Its a good idea to find out as much as possible about the managing agents as they can either make your life much easier or uncomfortable. As the owner of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the cleanliness of the communal areas. Don't be afraid to ask other people whether they are happy with them. In conclusion, be sure you understand the dates that the service fees are due to the managing agents and precisely how they are spending the funds.
You should be aware that where the lease has no more than eighty years it will have adverse implications on the salability of the property. Check with your bank that they are content with the length of the lease. Leases with less than 80 years remaining means that you will most likely need a lease extension at some point and you need to have some idea of how much this will be. For most Perry Barrlease extensions you would be be obliged to have been the owner of the premises for two years before you are entitled to exercise a lease extension.