Fixed-fee leasehold conveyancing in Small Heath:

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Top Five Questions relating to Small Heath leasehold conveyancing

I am in need of some leasehold conveyancing in Small Heath. Before diving in I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Small Heath - 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 own a leasehold house in Small Heath. Conveyancing and Nottingham Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Small Heath who acted for me is not around.Any advice?

First make enquiries of HMLR to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Small Heath conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are your top tips when it comes to appointing a Small Heath conveyancing practice to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Small Heath conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Small Heath conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • If they are not ALEP accredited then why not?
  • What volume of lease extensions have they completed in Small Heath in the last twenty four months?

    • Do you have any advice for leasehold conveyancing in Small Heath from the perspective of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Small Heath can be bypassed where you get in touch lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ representatives.
    • The majority landlords 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 information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Small Heath.
  • 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? Small Heath leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you dont have the approvals in place do not communicate with the landlord without checking with your solicitor in the first instance.
  • A minority of Small Heath leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
  • You believe that you know the number of years left on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £475000 flat in Small Heath on Tuesday in a week. The landlords agents has quoted £312 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Small Heath?

    Small Heath conveyancing on leasehold flats normally requires the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are entitled invoice a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge required by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, without which the charge is not strictly payable. Reality however dictates that one has little choice but to pay whatever is demanded if you want to exchange contracts with the buyer.

    I inherited a leasehold flat in Small Heath, conveyancing formalities finalised 2005. How much will my lease extension cost? Comparable properties in Small Heath with over 90 years remaining are worth £203,000. The ground rent is £45 invoiced every year. The lease ceases on 21st October 2084

    With only 59 years unexpired we estimate the premium for your lease extension to span between £25,700 and £29,600 as well as professional fees.

    The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and you obviously 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 Small Heath