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Questions and Answers: Bargoed leasehold conveyancing

Having checked my lease I have discovered that there are only Seventy years unexpired on my flat in Bargoed. I now wish to get lease extension but my freeholder is absent. What should I do?

If you meet the appropriate requirements, 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 enable the lease to be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to locate the lessor. On the whole a specialist would be useful to try and locate and prepare an expert document to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to investigating the landlord’s disappearance and the application to the County Court covering Bargoed.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Bargoed. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

Most houses in Bargoed are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Bargoed so you should seriously consider shopping around for a Bargoed conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the house is located on an estate. Your lawyer will advise you fully on all the issues.

Back In 2007, I bought a leasehold flat in Bargoed. Conveyancing and National Westminster Bank mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Bargoed who previously acted has now retired.Any advice?

First contact HMLR to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Bargoed conveyancing practitioner to do this as it can be done on-line for £3. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £350000 garden flat in Bargoed next Friday . The managing agents has quoted £300 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Bargoed?

Bargoed conveyancing on leasehold maisonettes ordinarily necessitates administration charges invoiced by management companies :

  • Answering pre-contract questions
  • Where consent is required before sale in Bargoed
  • Copies of the building insurance and schedule
  • Deeds of covenant upon sale
  • Registering of the assignment of the change of lessee after a sale
Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Bargoed leasehold premises is £350. For Bargoed conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to supply answers.

What makes a Bargoed lease unacceptable for security purposes?

There is nothing unique about leasehold conveyancing in Bargoed. Most leases are individual and drafting errors can sometimes mean that certain clauses are erroneous. For example, if your lease is missing any of the following, it could be defective:

  • A provision to repair to or maintain parts of the property
  • A duty to insure the building
  • A provision for the recovery of money spent for the benefit of another party.
  • Service charge per centages that don't add up correctly leaving a shortfall

You could encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Virgin Money, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

Bargoed Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

    Please tell me if there are any major works in the near future that will add a premium to the service costs? What is the yearly maintenance fee and ground rent? The prefered form of lease structure is if the freehold interest is owned by the leaseholders. In this scenario the leaseholders have control and even though a managing agent is usually retained where the building is larger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Bargoed