Fixed-fee leasehold conveyancing in Washwood Heath:

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Common questions relating to Washwood Heath leasehold conveyancing

I only have 68 years unexpired on my flat in Washwood Heath. I now want to extend my lease but my landlord is can not be found. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to track down the lessor. In some cases an enquiry agent may be useful to carry out a search and prepare a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Washwood Heath.

I am tempted by the attractive purchase price for a couple of maisonettes in Washwood Heath both have approximately forty five years left on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Washwood Heath. The lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the marketability of the lease deteriorate and results in it becoming more expensive to extend the lease. For this reason it is generally wise to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this field

I've recently bought a leasehold flat in Washwood 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).

Can you provide any advice for leasehold conveyancing in Washwood Heath with the aim of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Washwood Heath can be bypassed where you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Washwood Heath leases often stipulate that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. Should you dont have the consents in place you should not communicate with the landlord without contacting your lawyer first.
  • Some Washwood Heath leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain 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 lawyers.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate is often a lengthy process and slows down many a Washwood Heath conveyancing deal. If a new share is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but it would be advisable verify this by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to where the remaining number of years is below 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • We expect to complete our sale of a £300000 garden flat in Washwood Heath in just under a week. The management company has quoted £420 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Washwood Heath?

    Washwood Heath conveyancing on leasehold maisonettes often requires the purchaser’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is under no legal obligation to answer such questions the majority will be content to assist. They may levy a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is £350, in some cases it exceeds £800. The management information fee demanded by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality you have no option but to pay whatever is requested of you if you want to complete the sale of your home.

    Leasehold Conveyancing in Washwood Heath - Sample of Questions you should consider before buying

      The prefered form of lease structure is a share of the freehold. In this situation the leaseholders enjoy being in charge if their destiny and even though a managing agent is often employed if the building is larger than a house conversion, the managing agent is directed by the tenants. How much is the ground rent and service charge? Plenty Washwood Heath leasehold flats will be liable to pay a service bill for the upkeep of the block set on behalf of the management company. Should you purchase the property you will have to pay this amount, usually quarterly accross the year. This could be anything from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent to be met annual, this is usually not a exorbitant figure, say approximately £50-£100 but you need to enquire it because on occasion it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Washwood Heath