Fixed-fee leasehold conveyancing in Shenstone:

While any conveyancing solicitor can theoretically handle your leasehold conveyancing in Shenstone, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Shenstone leasehold conveyancing: Q and A’s

I am on look out for some leasehold conveyancing in Shenstone. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and 99.9% are in Shenstone - 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.

Due to exchange soon on a leasehold property in Shenstone. Conveyancing solicitors inform me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Shenstone should include some of the following:

  • You should be sent a copy of the lease
  • The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
  • The total extent of the premises. This will be the apartment itself but may incorporate a loft or cellar if applicable.
  • Does the lease prevent you from subletting the property, or having a home office for business
  • You need to be told what constitutes a Nuisance in the lease
  • Repair and maintenance of the flat
  • Responsibility for repairing the window frames For a comprehensive list of information to be included in your report on your leasehold property in Shenstone please ask your lawyer in advance of your conveyancing in Shenstone

  • My wife and I purchased a leasehold house in Shenstone. Conveyancing and Bank of Scotland mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Shenstone who acted for me is not around.Any advice?

    First make enquiries of the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Shenstone conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £125000 flat in Shenstone in just under a week. The landlords agents has quoted £360 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Shenstone?

    For the majority of leasehold sales in Shenstone conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Answering conveyancing due diligence enquiries
    • Where consent is required before sale in Shenstone
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Shenstone leasehold premises is £350. For Shenstone 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.

    What makes a Shenstone lease problematic?

    Leasehold conveyancing in Shenstone is not unique. All leases is drafted differently and legal mistakes in the legal wording can result in certain provisions are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the property
    • 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

    You may have 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. Yorkshire Building Society, Virgin Money, 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 problematic they may refuse to provide security, obliging the purchaser to pull out.

    I bought a 1st floor flat in Shenstone, conveyancing formalities finalised in 2011. Can you please calculate a probable premium for a statutory lease extension? Similar properties in Shenstone with an extended lease are worth £241,000. The average or mid-range amount of ground rent is £65 per annum. The lease runs out on 21st October 2086

    With only 61 years unexpired we estimate the premium for your lease extension to be between £18,100 and £20,800 plus legals.

    The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Shenstone