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Leasehold conveyancing in Wednesfield is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Wednesfield and throughout next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Frequently asked questions relating to Wednesfield leasehold conveyancing

I am intending to let out my leasehold flat in Wednesfield. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Some leases for properties in Wednesfield do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I today plan to offer on a house that appears to meet my requirements, at a great figure which is making it all the more appealing. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Wednesfield. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Wednesfield ?

The majority of houses in Wednesfield are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Wednesfield so you should seriously consider looking for a Wednesfield conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold house in Wednesfield. Conveyancing and The Royal Bank of Scotland mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Wednesfield who acted for me is not around.Any advice?

First make enquiries of HMLR to be sure that this person is indeed the new freeholder. You do not need to incur the fees of a Wednesfield conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a reputable estate agency in Wednesfield where we have witnessed a number of flat sales derailed due to short leases. I have received conflicting advice from local Wednesfield conveyancing firms. Please can you clarify whether the vendor of a flat can start the lease extension formalities for the buyer?

Provided that the seller has owned the lease 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. The benefit of this is that the proposed purchaser need not have 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 prior to, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 purchaser.

Do you have any top tips for leasehold conveyancing in Wednesfield with the intention of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Wednesfield can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers representatives.
  • The majority landlords or Management Companies in Wednesfield charge for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Wednesfield.
  • Some Wednesfield leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to unsettled.
  • If you hold a share in a the Management Company, you should ensure that you hold the original share document. Organising a duplicate share certificate is often a time consuming formality and frustrates many a Wednesfield home move. If a duplicate share is necessary, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • Wednesfield Conveyancing for Leasehold Flats - A selection of Queries before buying

      The answer will be helpful as a) areas may result in problems in the building as the communal areas may begin to deteriorate if services remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to know about it The best form of lease structure is a share of the freehold. In this situation the lessees have control and even though a managing agent is frequently retained where it is bigger than a house conversion, the managing agent is directed by the tenants. How much is the annual maintenance fee and ground rent?

    Other Topics

    Lease Extensions in Wednesfield