I only have Sixty One years unexpired on my lease in Walsall. 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 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 granted an extra 90 years by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. For most situations an enquiry agent would be helpful to try and locate and prepare a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the application to the County Court overseeing Walsall.

Expecting to sign contracts shortly on a ground floor flat in Walsall. Conveyancing lawyers assured me that they are sending me a report next week. What should I be looking out for?

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

• The unexpired lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years

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

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

Responsibility for repairing the window frames

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Walsall please ask your solicitor in ahead of your conveyancing in Walsall

Back In 2001, I bought a leasehold house in Walsall. Conveyancing and Santander mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Walsall who previously acted has now retired.Do I pay?

First make enquiries of HMLR to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Walsall conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

All being well we will complete the sale of our £400000 flat in Walsall on Wednesday in a week. The freeholder has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Walsall?

For the majority of leasehold sales in Walsall conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Walsall
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Walsall leasehold premises is £350. For Walsall conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

What are the common problems that you encounter in leases for Walsall properties?

Leasehold conveyancing in Walsall is not unique. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, The Mortgage Works, and TSB all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the purchaser to pull out.

Leasehold Conveyancing in Walsall - Sample of Questions you should consider Prior to buying

Best to be warned whether changing the roof or some other significant cost is anticipated that will be shared amongst the leaseholders and will dramatically increase the the maintenance fees or necessitate a one off invoice. Is the freehold reversion owned jointly by the tenants? Be sure to enquire if there is anything that is prohibited in the lease. By way of example it is very common in Walsall leases that pets are not permitted in certain buildings in Walsall. If you like the propertyin Walsall however your dog can’t make the move with you then you have a very hard choice.

Other Topics

Lease Extensions in Walsall