Jane (my partner) and I may need to sub-let our Small Heath ground floor flat temporarily due to taking a sabbatical. We instructed a Small Heath conveyancing practice in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Small Heath do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Small Heath. I am keen to extend my lease but my landlord is can not be found. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to track down the freeholder. On the whole a specialist may be useful to try and locate and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s absence and the application to the County Court covering Small Heath.

Due to exchange soon on a leasehold property in Small Heath. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. Are there areas in the report that I should be focusing on?

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

• The physical extent of the property. This will be the flat itself but may include a roof space or basement if appropriate.
• Do you need to have carpet in the flat or are you allowed wood flooring?
• You should be told what counts as a Nuisance in the lease
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
• What options are open to you if a neighbour breach a clause of their lease?

I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Small Heath. Conveyancing advisers have are soon to be appointed. Will they explain the issues?

Most houses in Small Heath are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Small Heath in which case you should be looking for a Small Heath conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the property is part of an estate. Your solicitor will appraise you on the various issues.

Can you offer any advice when it comes to choosing a Small Heath conveyancing firm to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Small Heath conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Small Heath conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• If the firm is not ALEP accredited then why not?
• How many lease extensions has the firm completed in Small Heath in the last twenty four months?

Small Heath Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing

Does the lease have more than 90 years remaining? What is the service charge and ground rent on the flat?