Fixed-fee leasehold conveyancing in Capel Curig:

Get a Quote

When it comes to leasehold conveyancing in Capel Curig, you will need to chose a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, Birmingham Midshires or Bradford & Bingley make sure you find a lawyer on their approved list. Find a Capel Curig conveyancing lawyer with our search tool

Capel Curig leasehold conveyancing Example Support Desk Enquiries

I only have Sixty One years left on my lease in Capel Curig. I need to extend my lease but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. On the whole an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the application to the County Court overseeing Capel Curig.

I today plan to offer on a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a leasehold house in Capel Curig. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the implications of buying a leasehold house in Capel Curig ?

Most houses in Capel Curig are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Capel Curig so you should seriously consider shopping around for a Capel Curig conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.

I work for a busy estate agency in Capel Curig where we have witnessed a few flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Capel Curig conveyancing firms. Can you confirm whether the seller of a flat can start the lease extension formalities for the buyer?

As long as 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. 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 needs to be completed before, or at the same time as completion of the disposal of the property.

An alternative approach is 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 provide any advice for leasehold conveyancing in Capel Curig with the purpose of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Capel Curig can be reduced where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ solicitors.
  • If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Capel Curig leases often stipulate that internal structural alterations or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Where you fail to have the paperwork to hand do not contact the landlord without contacting your solicitor in the first instance.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.
  • If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a new share certificate is often a time consuming process and slows down many a Capel Curig conveyancing deal. If a reissued share is needed, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but you should verify this by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. It is therefore essential at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • Are there frequently found problems that you see in leases for Capel Curig properties?

    There is nothing unique about leasehold conveyancing in Capel Curig. Most leases are unique and drafting errors can result in certain provisions are erroneous. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain elements of the building
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Skipton Building Society, and Aldermore all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.

    Leasehold Conveyancing in Capel Curig - A selection of Questions you should ask before Purchasing

      How many of the leaseholders are in arrears for their maintenance charge payments? Does the lease have in excess of 80 years unexpired? Are there any major works in the planning that could add a premium to the maintenance fees?

    Other Topics

    Lease Extensions in Capel Curig