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When it comes to leasehold conveyancing in Small Heath, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, Yorkshire Building Society or Nationwide be sure to choose a lawyer on their approved list. Feel free to use our search tool

Small Heath leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Small Heath. Before diving in I require certainty as to the number of years remaining on the lease.

Assuming the lease is recorded at the land registry - and almost all 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.

Due to complete next month on a ground floor flat in Small Heath. Conveyancing solicitors have said that they will have a report out to me within the next couple of days. What should I be looking out for?

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

  • The total extent of the property. This will be the flat itself but could also incorporate a roof space or cellar if applicable.
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • 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
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What options are open to you if a neighbour is in violation of a provision in 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 enquire of your solicitor in advance of your conveyancing in Small Heath

    • I am looking at a two flats in Small Heath which have in the region of 50 years unexpired on the leases. Should I regard a short lease as a deal breaker?

    There is no doubt about it. A leasehold flat in Small Heath is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to its expiry date, the more it reduces the value of the property. The majority of purchasers and lenders, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Small Heath conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

    What advice can you give us when it comes to finding a Small Heath conveyancing practice to deal with our lease extension?

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

    • How experienced is the practice with lease extension legislation?
  • What volume of lease extensions has the firm carried out in Small Heath in the last year?

    • Can you provide any top tips for leasehold conveyancing in Small Heath with the purpose of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Small Heath can be bypassed if you appoint lawyers as soon as you market your property and request that they start to collate the leasehold documentation needed by the buyers conveyancers.
    • Many freeholders or Management Companies in Small Heath charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. 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 frequent cause of frustration in leasehold conveyancing in Small Heath.
  • Some Small Heath leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are able to meet 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a property where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unsettled.
  • You believe that you know the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Small Heath Conveyancing for Leasehold Flats - Examples of Queries Prior to buying

      Who are the managing agents? The best form of lease arrangement is a share of the freehold. In this arrangement the tenants have being in charge if their destiny and notwithstanding that a managing agent is often employed if it is bigger than a house conversion, the managing agent is directed by the tenants. It is important to be aware whether a new roof is being installed or some other major work is due in the near future that will be shared amongst the tenants and may well materially impact the level of the service charges or require a specific invoice.

    Other Topics

    Lease Extensions in Small Heath