Frequently asked questions relating to Small Heath leasehold conveyancing
Frank (my husband) and I may need to let out our Small Heath basement flat for a while due to taking a sabbatical. We instructed a Small Heath conveyancing firm in 2001 but they have closed and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?
Even though your last Small Heath conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably withheld. If your lease prohibits you from subletting the property you should ask your landlord for their consent.
There are only 68 years left on my lease in Small Heath. I need to get lease extension but my landlord is absent. What options are available to me?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the lessor. On the whole a specialist would be helpful to try and locate and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Small Heath.
I have just appointed agents to market my ground floor apartment in Small Heath.Conveyancing is yet to be initiated but I have just had a half-yearly maintenance charge invoice – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should clear 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 managing agents will not acknowledge the buyer unless 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.
Can you provide any advice for leasehold conveyancing in Small Heath with the aim of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Small Heath can be reduced where you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
- The majority freeholders or managing agents in Small Heath levy fees for providing management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Small Heath.
In relation to leasehold conveyancing in Small Heath what are the most common lease problems?
There is nothing unique about leasehold conveyancing in Small Heath. All leases are unique and drafting errors can result in certain clauses are wrong. The following missing provisions could result in a defective lease:
- Repairing obligations to or maintain parts of the property
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , The Royal Bank of Scotland, and Britannia 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 grant the mortgage, forcing the buyer to withdraw.
I invested in buying a split level flat in Small Heath, conveyancing was carried out 9 years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar properties in Small Heath with over 90 years remaining are worth £190,000. The average or mid-range amount of ground rent is £60 charged once a year. The lease runs out on 21st October 2073
With only 51 years unexpired we estimate the price of your lease extension to range between £34,200 and £39,600 as well as legals.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward based on this information without first getting professional advice.