Fixed-fee leasehold conveyancing in Sutton Coldfield:

Get a Quote

Require a conveyancing quote from a solicitor for leasehold conveyancing in Sutton Coldfield on your lender’s panel? Use our search tool to find quality local Sutton Coldfield conveyancing lawyers or national solicitors on your lender’s panel .

Questions and Answers: Sutton Coldfield leasehold conveyancing

I only have 72 years unexpired on my lease in Sutton Coldfield. I now want 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to demonstrate that you have used your best endeavours to track down the lessor. On the whole a specialist may be useful to conduct investigations and to produce an expert document to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s absence and the vesting order request to the County Court covering Sutton Coldfield.

I am hoping to sign contracts shortly on a garden flat in Sutton Coldfield. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

  • Defining your rights in relation to the communal areas in the building.By way of example, does the lease grant a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • Are pets allowed in the flat?
  • You should be told what counts as a Nuisance in the lease
  • 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
  • You should have a good understanding of the insurance provisions
  • 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 For a comprehensive list of information to be contained in your report on your leasehold property in Sutton Coldfield please enquire of your conveyancer in ahead of your conveyancing in Sutton Coldfield

    • I've found a house that seems to be perfect, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Sutton Coldfield. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

    The majority of houses in Sutton Coldfield are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Sutton Coldfield so you should seriously consider shopping around for a Sutton Coldfield conveyancing solicitor and be sure that they are used to transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct 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 solicitor should report to you on the legal implications.

    I've recently bought a leasehold house in Sutton Coldfield. Do I have any liability for service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous owner 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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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 top tips for leasehold conveyancing in Sutton Coldfield from the point of view of speeding up the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Sutton Coldfield can be avoided if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers representatives.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Sutton Coldfield state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Should you fail to have the consents to hand do not contact the landlord without checking with your conveyancer in advance.
  • Some Sutton Coldfield leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is essential 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 a current dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. 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 rather than unresolved.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check by asking your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Sutton Coldfield Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      This question is important as a) areas can cause problems in the block as the communal areas may begin to deteriorate if services remain unpaid b) if the tenants have an issue with the running of the building you will need to have full disclosure It would be a good idea to find out if the the lease includes any onerous restrictions in the lease. For example plenty of leases prohibit pets being allowed in certain buildings in Sutton Coldfield. If you like the apartmentin Sutton Coldfield but your dog is not allowed to live with you then you will be presented with a difficult compromise. Does the lease contain onerous restrictions?

    Other Topics

    Lease Extensions in Sutton Coldfield