Recently asked questions relating to Brecon leasehold conveyancing
My husband and I may need to let out our Brecon garden flat for a while due to a new job. We used a Brecon conveyancing firm in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous Brecon conveyancing solicitor is no longer around you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining consent. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord for their consent.
Due to sign contracts shortly on a studio apartment in Brecon. Conveyancing lawyers have said that they report fully on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Brecon should include some of the following:
- The physical extent of the property. This will be the apartment itself but might incorporate a roof space or cellar if appropriate.
I own a leasehold house in Brecon. Conveyancing and Barclays mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Brecon who acted for me is not around.Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the new freeholder. You do not need to incur the fees of a Brecon conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am employed by a reputable estate agency in Brecon where we see a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Brecon conveyancing solicitors. Can you shed some light as to whether the owner of a flat can commence the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
What advice can you give us when it comes to appointing a Brecon conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a Brecon conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Brecon conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- If they are not ALEP accredited then why not?
Brecon Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying
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Be sure to discover if there is anything that is prohibited in the lease. By way of example some leases prohibit pets being allowed in in a block in Brecon. If you like the propertyin Brecon however your dog can’t move with you then you have a very difficult determination.
Who are the managing agents?
Its a good idea to discover as much as you can about the company managing the block as they will either make your living at the property much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to practical matters like the tidiness of the communal areas. You should not be shy to ask other people what they think of their service. In conclusion, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically how they are spending that money.
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