Fixed-fee leasehold conveyancing in Aberystwyth:

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Questions and Answers: Aberystwyth leasehold conveyancing

Jane (my partner) and I may need to sub-let our Aberystwyth ground floor flat for a while due to a career opportunity. We instructed a Aberystwyth conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Aberystwyth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 permission.

There are only 62 years unexpired on my flat in Aberystwyth. I am keen to get lease extension but my freeholder is missing. What options are available to me?

On the basis that you qualify, 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 demonstrate that you have used your best endeavours to locate the lessor. For most situations a specialist would be helpful to conduct investigations and to produce a report to be used as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Aberystwyth.

I am hoping to sign contracts shortly on a ground floor flat in Aberystwyth. Conveyancing solicitors have said that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • Setting out your legal entitlements in relation to the communal areas in the building.For instance, does the lease grant a right of way over an accessway or hallways?
  • Do you need to have carpet in the flat or are you allowed wood flooring?
  • Are pets allowed in the flat?
  • Whether the lease restricts you from subletting the flat, or having a home office for business
  • Whether your lease has a provision for a sinking fund?
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Aberystwyth please ask your lawyer in advance of your conveyancing in Aberystwyth

    • I've recently bought a leasehold property in Aberystwyth. Do I have any liability for service charges relating to a period prior to my ownership?

    Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

    If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

    What are your top tips when it comes to finding a Aberystwyth conveyancing practice to deal with our lease extension?

    When appointing a property lawyer for lease extension works (regardless if they are a Aberystwyth conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Aberystwyth conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • If the firm is not ALEP accredited then why not?
  • What volume of lease extensions has the firm carried out in Aberystwyth in the last twenty four months?

    • Leasehold Conveyancing in Aberystwyth - Examples of Questions you should ask before buying

      What is the annual maintenance fee and ground rent? The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the lessees benefit from control and although a managing agent is usually retained where the building is bigger than a house conversion, the managing agent is directed by the tenants. How many years are left on the lease?

    Other Topics

    Lease Extensions in Aberystwyth