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Common questions relating to Adamsdown leasehold conveyancing

I want to let out my leasehold flat in Adamsdown. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

A lease dictates relations between the freeholder and you the leaseholder; specifically, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Adamsdown do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Adamsdown. I need to get lease extension but my landlord is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. 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 conduct investigations and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Adamsdown.

Expecting to complete next month on a garden flat in Adamsdown. Conveyancing solicitors inform me that they report fully on Monday. 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
  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Whether the lease restricts you from letting out the property, or working from home
  • Whether your lease has a provision for a sinking fund?
  • You should have a good understanding of the insurance provisions
  • 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.
  • What you can do if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Adamsdown please enquire of your solicitor in ahead of your conveyancing in Adamsdown

  • My wife and I purchased a leasehold flat in Adamsdown. Conveyancing and Barnsley Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Adamsdown who previously acted has now retired.Do I pay?

    The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Adamsdown conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Do you have any advice for leasehold conveyancing in Adamsdown with the aim of saving time on the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Adamsdown can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Adamsdown leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord approving such changes. Should you fail to have the consents in place you should not communicate with the landlord without contacting your conveyancer before hand.
  • If there is a history of any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unsettled. You may need to swallow your pride and discharge 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 ahead of 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 present the dispute as historic rather than unsettled.
  • If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Obtaining a duplicate share certificate can be a time consuming formality and slows down many a Adamsdown home move. If a new share certificate is required, you should approach the company officers or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to where the remaining number of years is under 75 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Adamsdown Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

      The answer will be helpful as a) areas could result in problems in the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the running of the building you will want to know about it Many Adamsdown leasehold flats will have a service charge for maintenance of the building set by the landlord. Should you acquire the property you will have to meet this amount, usually in instalments accross the year. This could differ from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge to be met yearly, ordinarily this is not a large figure, say approximately £50-£100 but you should to enquire it because sometimes it could be prohibitively expensive. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Adamsdown