Fixed-fee leasehold conveyancing in Small Heath:

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Frequently asked questions relating to Small Heath leasehold conveyancing

I am on look out for some leasehold conveyancing in Small Heath. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is registered - and 99.9% are in Small Heath - then the leasehold title will always include the short particulars 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.

Planning to exchange soon on a leasehold property in Small Heath. Conveyancing lawyers have said that they are sending me a report next week. What should I be looking out for?

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

  • You should have a good understanding of the insurance provisions
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Small Heath please ask your solicitor in ahead of your conveyancing in Small Heath

  • I am hoping to put an offer on a small detached house that seems to be perfect, at a reasonable price which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Small Heath. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Small Heath ?

    Most houses in Small Heath are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Small Heath so you should seriously consider looking for a Small Heath conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions for example obtaining the landlord’sconsent to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the estate where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

    I've recently bought a leasehold flat in Small Heath. Am I liable to pay service charges relating to a period prior to completion of my purchase?

    In a situation 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. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure 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 advice for leasehold conveyancing in Small Heath from the perspective of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Small Heath can be bypassed where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation which will be required by the purchasers’ solicitors.
    • The majority landlords or managing agents in Small Heath charge for providing management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Small Heath.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Small Heath state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord approving such changes. If you fail to have the consents to hand do not communicate with the landlord without checking with your solicitor before hand.
  • 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 financially capable of paying the annual 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 purchasers or their solicitors.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

  • Small Heath Leasehold Conveyancing - Sample of Questions you should ask before buying

      How is the lease structured? Most Small Heath leasehold apartments will have a service bill for the upkeep of the building invoiced on behalf of the freeholder. Should you buy the flat you will have to meet this liability, normally in instalments accross the year. This may be anything from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a rentcharge to be met yearly, this is usually not a large amount, say about £25-£75 but you need to enquire it because sometimes it could be many hundreds of pounds. This information is useful as a) areas may result in problems for the block as the communal areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will want to have all the details

    Other Topics

    Lease Extensions in Small Heath