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Recently asked questions about conveyancing in Edgbaston

It is 10 years ago since I purchased my house in Edgbaston. Conveyancing lawyers have just been instructed on the sale but I am unable to find the title deeds. Is this a major issue?

Don’t worry too much. First there is a possibility that the deeds will be with your lender or they may still be with the solicitor who handled the purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Edgbaston relates to registered property but in the unlikely event that your home is not registered it is more of a problem but is not insurmountable.

I used Stirling Law a few years past for my conveyancing in Edgbaston. I now require my file but the law firm is no longer operating. What do I do?

Do call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Edgbaston of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

About to purchase a new build apartment in Edgbaston. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Edgbaston

    Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.

How can the Landlord & Tenant Act 1954 affect my commercial property in Edgbaston and how can your lawyers assist?

The 1954 Act gives a safeguard to business tenants, granting the right to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and handle your commercial conveyancing in Edgbaston

What advice can you give us when it comes to choosing a Edgbaston conveyancing firm to carry out our lease extension conveyancing?

If you are instructing a property lawyer for lease extension works (regardless if they are a Edgbaston conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with several firms including non Edgbaston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be helpful:

    How many lease extensions have they carried out in Edgbaston in the last twenty four months? Can they put you in touch with clients in Edgbaston who can give a testimonial?

I own a 2 bed flat in Edgbaston, conveyancing was carried out 8 years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Edgbaston with a long lease are worth £260,000. The average or mid-range amount of ground rent is £50 yearly. The lease runs out on 21st October 2099

With 75 years left to run we estimate the premium for your lease extension to span between £8,600 and £9,800 plus plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.

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