Leasehold Conveyancing in Birkenhead - Get a Quote from the leasehold experts approved by your lender

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Sample questions relating to Birkenhead leasehold conveyancing

I am in need of some leasehold conveyancing in Birkenhead. Before diving in I want to be sure as to the unexpired term of the lease.

Assuming the lease is registered - and most are in Birkenhead - 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.

My wife and I may need to sub-let our Birkenhead 1st floor flat temporarily due to taking a sabbatical. We instructed a Birkenhead conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

A lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Birkenhead do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Back In 2005, I bought a leasehold flat in Birkenhead. Conveyancing and Aldermore mortgage organised. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Birkenhead who previously acted has now retired.Do I pay?

First contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Birkenhead conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to finding a Birkenhead conveyancing practice to deal with our lease extension?

When appointing a conveyancer for your lease extension (regardless if they are a Birkenhead conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Birkenhead conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • If they are not ALEP accredited then what is the reason?
  • What volume of lease extensions have they carried out in Birkenhead in the last 12 months?

    • Can you provide any advice for leasehold conveyancing in Birkenhead from the point of view of saving time on the sale process?

    • Much of the delay in leasehold conveyancing in Birkenhead can be avoided if you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Birkenhead leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. If you dont have the consents to hand you should not communicate with the landlord without checking with your lawyer first.
  • Some Birkenhead 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 financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than unresolved.
  • You may think that you are aware of the number of years left on your lease but it would be wise to verify this via your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. It is therefore essential at an early stage that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Birkenhead - Sample of Queries Prior to buying

      You should want to discover as much as possible regarding the managing agents as they can either make living at the property much easier or much more difficult. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the upkeep of the communal areas. You should not be shy to ask prospective neighbours what they think of their service. Finally, find out the dates that the maintenance fees are due to the managing agents and specifically what it includes. How many of the leaseholders are in arrears for their maintenance charge payments? Many Birkenhead leasehold flats will have a service bill for the upkeep of the building levied by the freeholder. Where you acquire the flat you will have to meet this contribution, normally quarterly accross the year. This may differ from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all probability there will be a rentcharge for you to pay annual, normally this is not a significant figure, say about £50-£100 but you need to enquire it because occasionally it can be many hundreds of pounds.

    Other Topics

    Lease Extensions in Birkenhead