I wish to let out my leasehold apartment in Washwood Heath. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Notwithstanding that your previous Washwood Heath conveyancing lawyer is no longer available you can review your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you must obtain consent from your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

Looking forward to sign contracts shortly on a leasehold property in Washwood Heath. Conveyancing solicitors inform me that they will have a report out to me tomorrow. Are there areas in the report that I should be focusing on?

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

• The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark

I have just started marketing my basement flat in Washwood Heath.Conveyancing is yet to be initiated but I have just had a yearly maintenance charge demand – what should I do?

The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

I am looking at a two flats in Washwood Heath both have about forty five years left on the leases. Will this present a problem?

There are plenty of short leases in Washwood Heath. The lease is a right to use the premises for a period of time. As a lease shortens the saleability of the lease deteriorate and it becomes more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this field

I am employed by a long established estate agent office in Washwood Heath where we have witnessed a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have received conflicting advice from local Washwood Heath conveyancing solicitors. Can you confirm whether the owner of a flat can commence the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Washwood Heath Leasehold Conveyancing - Examples of Queries Prior to Purchasing

On the whole the cost for major works tend not to be wrapped into the service charges, albeit that a few managing agents in Washwood Heath require leasehold owners to contribute towards a sinking fund and this is used to offset against larger works. Be sure to enquire if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Washwood Heath. If you like the apartmentin Washwood Heath yet your cat is not allowed to make the move with you then you will be presented with a difficult decision. Most Washwood Heath leasehold apartments will have a service bill for maintenance of the block set by the management company. If you buy the flat you will have to pay this contribution, usually periodically during the year. This could vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large communal areas. In all likelihood there will be a ground rent to be met yearly, this is usually not a exorbitant figure, say about £50-£100 but you need to enquire it because sometimes it can be prohibitively expensive.

Other Topics

Lease Extensions in Washwood Heath