Purchase of retirement residence in Birmingham

Buying an apartment in private sheltered accommodation is an attractive proposition for many older people, but there are additional matters involved. In particular there is typically a minimum age restriction, and the approval of the freeholders is required. When undertaking Conveyancing in Birmingham for clients purchasing such premises Conveyancing Solicitors will need to check that their clients meet any such requirements.

In 2010 Property Lawyer Laura Gill was acting for Mrs D on the purchase of a flat in a small retirement complex adjacent to Hewell Road, Barnt Green, Birmingham, B45. Sale details were received from the vendor's agent, Judith Hitchin at 57 Hewell Road, Barnt Green, Birmingham, B45 8NL.

Standard documents for Conveyancing in Birmingham were emailed to Laura by the seller's Solicitor and included a copy of the lease of the property, as well as details of the vendor’s title and other relevant information. Laura was therefore able to see that the lease contained a provision that at least one of the occupiers had to be over 55 years old. Laura had already asked the buyer to provide evidence of identity, and was able to verify that Mrs D met this requirement.

There were several other provisions which had to be complied with before the transfer could be completed. A copy of Mrs D’s birth certificate had to be sent to the seller’s Solicitor, Morton Fisher Gwynnes at 1 High Street, Bromsgrove, B61 8AJ to enable them to send an application to the company which managed the development for approval of the transfer.

MSG, the managing company, was also asked to supply details such as the service charges payable. The lease contained not only the usual provisions for the landlords to maintain and insure the development and grounds, but also obliged them to provide a flat, employ a warden, and also to provide other services appropriate to sheltered accommodation. The cost of providing these facilities would be recovered in the service charges, which were therefore much higher than would otherwise have been the case for an ordinary apartment.

This information was obtained, and the management company confirmed their approval to the flat being sold to Laura’s client. Laura was then able to give Mrs D full information about the annual amounts that she could expect to pay.

It is an essential part of Conveyancing in Birmingham for arrangements to be made on completion of the purchase of leasehold homes for the ground rent and service charges to be apportioned, with provisions made if a demand is anticipated but has not yet been received.

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