Fixed-fee leasehold conveyancing in Adamsdown:

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Frequently asked questions relating to Adamsdown leasehold conveyancing

I would like to let out my leasehold apartment in Adamsdown. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

A lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Adamsdown do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

I have recently realised that I have Fifty years unexpired on my lease in Adamsdown. I now wish to extend my lease but my freeholder is absent. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have used your best endeavours to find the landlord. In some cases a specialist should be useful to try and locate and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer both on devolving into the landlord’s absence and the application to the County Court overseeing Adamsdown.

Due to exchange soon on a leasehold property in Adamsdown. Conveyancing solicitors assured me that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Adamsdown should include some of the following:

  • You should be sent a copy of the lease
  • Setting out your rights in respect of common areas in the building.By way of example, does the lease contain a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Adamsdown please ask your lawyer in ahead of your conveyancing in Adamsdown

    • I have just appointed agents to market my 2 bed flat in Adamsdown.Conveyancing lawyers have not yet been instructed but I have just received a quarterly service charge demand – what should I do?

    The sensible thing to do is pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.

    Can you provide any top tips for leasehold conveyancing in Adamsdown with the purpose of saving time on the sale process?

    • Much of the frustration in leasehold conveyancing in Adamsdown can be avoided if you get in touch lawyers the minute your agents start advertising the property and ask them to put together the leasehold information needed by the purchasers’ solicitors.
    • Many freeholders or Management Companies in Adamsdown charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Adamsdown.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Adamsdown leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such changes. Where you fail to have the approvals to hand you should not communicate with the landlord without contacting your lawyer in the first instance.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. 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 buyers, but it is better to present the dispute as over as opposed to unresolved.
  • You believe that you know the number of years left on your lease but it would be wise to verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to where the lease term is under 80 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Adamsdown Conveyancing for Leasehold Flats - Examples of Questions you should consider before Purchasing

      Best to be warned if redecorating or some other major work is due in the near future to be shared by the tenants and will dramatically increase the the service fees or necessitate a one time payment. How long is the Lease? How is the lease structured?

    Other Topics

    Lease Extensions in Adamsdown