Frank (my husband) and I may need to sub-let our Bryn Y Baal 1st floor flat temporarily due to a new job. We instructed a Bryn Y Baal conveyancing firm in 2001 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Bryn Y Baal conveyancing lawyer is no longer around you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you must seek permission from your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of prior consent. The consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I've found a house that appears to tick a lot of boxes, at a great figure which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Bryn Y Baal. Conveyancing solicitors have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Bryn Y Baal ?

The majority of houses in Bryn Y Baal are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Bryn Y Baal so you should seriously consider looking for a Bryn Y Baal conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your lawyer will appraise you on the various issues.

Back In 2008, I bought a leasehold house in Bryn Y Baal. Conveyancing and Bank of Ireland mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Bryn Y Baal who previously acted has long since retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. You do not need to instruct a Bryn Y Baal conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold property in Bryn Y Baal. Am I liable to pay service charges relating to a period prior to completion of my purchase?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

I work for a reputable estate agency in Bryn Y Baal where we have witnessed a few leasehold sales derailed due to short leases. I have been given inconsistent advice from local Bryn Y Baal conveyancing solicitors. Please can you confirm whether the owner of a flat can instigate the lease extension process for the buyer?

Provided that 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. The benefit of this is that the buyer 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 disposal of the property.

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.

Bryn Y Baal Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

The best form of lease structure is if the freehold interest is owned by the leaseholders. In this arrangement the tenants have being in charge if their destiny and notwithstanding that a managing agent is frequently retained where it is bigger than a house conversion, the managing agent retained by the leaseholders. In the main the cost for major works tend not to be built into the service charges, albeit that some managing agents in Bryn Y Baal ask tenants to pay into a sinking fund and this is used to offset against major works. Many Bryn Y Baal leasehold apartments will be liable to pay a service bill for the upkeep of the block invoiced by the landlord. Should you acquire the apartment you will have to meet this amount, usually quarterly accross the year. This may vary from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge to be met annual, normally this is not a exorbitant figure, say about £50-£100 but you need to check as sometimes it can be many hundreds of pounds.

Other Topics

Lease Extensions in Bryn Y Baal