I am intending to sublet my leasehold flat in Brecon. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Your lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Brecon do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

Expecting to complete next month on a leasehold property in Brecon. 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 Brecon should include some of the following:

• You should receive a copy of the lease

Setting out your rights in relation to common areas in the building.E.G., does the lease contain a right of way over an accessway or staircase?

Are pets allowed in the flat?

Whether the lease restricts you from renting out the flat, or having a home office for business

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

Changes to the flat (alterations and additions)

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Brecon please ask your solicitor in ahead of your conveyancing in Brecon

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Brecon. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Brecon ?

The majority of houses in Brecon are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in Brecon in which case you should be shopping around for a Brecon conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should report to you on the legal implications.

I own a leasehold house in Brecon. Conveyancing and TSB mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Brecon who acted for me is not around.What should I do?

First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Brecon 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 rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

All being well we will complete the sale of our £350000 apartment in Brecon next week. The landlords agents has quoted £396 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Brecon?

For most leasehold sales in Brecon conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract questions
• Where consent is required before sale in Brecon
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Brecon leasehold premises is £350. For Brecon 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 obliged to provide the information.

Brecon Leasehold Conveyancing - Examples of Questions you should ask before Purchasing

Where a Brecon lease has less than 80 years it will impact the salability of the flat. It is worth checking with your mortgage company that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely need a lease extension sooner rather than later and you need to have some idea of what this will be. For most Breconlease extensions you would need to own the premises for a couple of years in order to be entitled to extend the lease. How much is the ground rent and service charge? It is important to be aware whether redecorating or some other significant cost is pending that will be shared amongst the tenants and will materially increase the the service costs or require a specific invoice.

Other Topics

Lease Extensions in Brecon