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Woodhouse and Handsworth leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Woodhouse and Handsworth. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in Woodhouse and Handsworth - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I want to sublet my leasehold flat in Woodhouse and Handsworth. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Notwithstanding that your previous Woodhouse and Handsworth conveyancing lawyer is not available you can review your lease to see if you are permitted to let out the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to seek permission from your landlord or some other party before subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease prohibits you from letting out the property you will need to ask your landlord for their consent.

There are only Sixty One years left on my lease in Woodhouse and Handsworth. I now wish to extend my lease but my landlord is absent. What options are available to me?

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. However, you will be required to prove that you have made all reasonable attempts to locate the freeholder. For most situations a specialist would be helpful to carry out a search and to produce a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Woodhouse and Handsworth.

I am hoping to complete next month on a leasehold property in Woodhouse and Handsworth. Conveyancing lawyers have said that they are sending me a report tomorrow. What should I be looking out for?

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

  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Are you allowed to have a pet in the flat?
  • Whether the lease restricts you from letting out the property, or having a home office for business
  • You must be told what counts as a Nuisance in the lease
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What you can do 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 Woodhouse and Handsworth please enquire of your lawyer in ahead of your conveyancing in Woodhouse and Handsworth

    • I am a negotiator for a reputable estate agency in Woodhouse and Handsworth where we see a few leasehold sales put at risk due to short leases. I have received conflicting advice from local Woodhouse and Handsworth conveyancing firms. Please can you clarify whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?

    Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, 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.

    Woodhouse and Handsworth Conveyancing for Leasehold Flats - Examples of Questions you should ask before Purchasing

      How is the lease structured? What is the name of the managing agents? It is important to be aware if changing the roof or some other major work is coming up to be shared amongst the leasehold owners and could well dramatically impact the level of the service costs or necessitate a one time invoice.

    Other Topics

    Lease Extensions in Woodhouse and Handsworth