Having had my offer accepted I require leasehold conveyancing in Brecon Beacons. Before diving in I want to be sure as to the unexpired term of the lease.

If the lease is registered - and almost all are in Brecon Beacons - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I’m about to sell my garden apartment in Brecon Beacons.Conveyancing has not commenced but I have just had a yearly service charge demand – should I leave it to the buyer to sort out?

It best that you 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 managing agents will not acknowledge the buyer unless 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.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great figure which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Brecon Beacons. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Brecon Beacons ?

Most houses in Brecon Beacons are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Brecon Beacons in which case you should be looking for a Brecon Beacons conveyancing solicitor and be sure that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will advise you fully on all the issues.

I work for a busy estate agent office in Brecon Beacons where we have witnessed a few leasehold sales jeopardised as a result of short leases. I have been given conflicting advice from local Brecon Beacons conveyancing solicitors. Please can you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

Alternatively, it may be possible to agree the lease extension with the freeholder 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 purchaser.

Can you offer any advice when it comes to finding a Brecon Beacons conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Brecon Beacons conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with two or three firms including non Brecon Beacons 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 useful:

• What volume of lease extensions has the firm completed in Brecon Beacons in the last twenty four months?

Brecon Beacons Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying

What is the name of the managing agents? How long is the Lease? Be sure to find out if there is anything that is prohibited in the lease. By way of example it is fairly common in Brecon Beacons leases that pets are not allowed in in a block in Brecon Beacons. If you like the flatin Brecon Beacons yet your cat is not allowed to live with you then you will be presented with a hard decision.

Other Topics

Lease Extensions in Brecon Beacons