I today plan to offer on a house that appears to be perfect, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Shelfield. Conveyancing advisers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Shelfield ?

The majority of houses in Shelfield are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Shelfield in which case you should be shopping around for a Shelfield conveyancing solicitor and check that they have experience in transacting 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 comes with conditions such as requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will report to you on the legal implications.

Back In 2004, I bought a leasehold flat in Shelfield. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Shelfield who previously acted has now retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that this person is in fact the new freeholder. It is not necessary to instruct a Shelfield conveyancing solicitor to do this as it can be done on-line for £3. You should note 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.

I've recently bought a leasehold flat in Shelfield. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any top tips for leasehold conveyancing in Shelfield with the intention of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Shelfield can be bypassed if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Shelfield leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such works. If you dont have the paperwork in place you should not communicate with the landlord without checking with your conveyancer in advance.

What makes a Shelfield lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Shelfield. Most leases is drafted differently and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You may have difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Aldermore all have express conveyancing instructions 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, obliging the buyer to withdraw.

Shelfield Conveyancing for Leasehold Flats - Sample of Queries before buying

How much is the maintenance charge and ground rent on the flat? Is the freehold reversion owned collectively by the tenants? This information is useful as a) areas could cause problems for the building as the communal areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to know about it

Other Topics

Lease Extensions in Shelfield