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Questions and Answers: Cardiff Bay leasehold conveyancing

Jane (my partner) and I may need to rent out our Cardiff Bay 1st floor flat temporarily due to a new job. We instructed a Cardiff Bay conveyancing practice in 2002 but they have closed and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

The lease dictates relations between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Cardiff Bay do not prevent subletting altogether – such a clause would adversely affect the market value the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Due to complete next month on a studio apartment in Cardiff Bay. Conveyancing lawyers assured me that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Cardiff Bay should include some of the following:

  • You should be sent a copy of the lease
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • You need to be told what constitutes a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Cardiff Bay please enquire of your solicitor in advance of your conveyancing in Cardiff Bay

    • I have just started marketing my 2 bed flat in Cardiff Bay.Conveyancing lawyers have not yet been instructed but I have just received a quarterly maintenance charge demand – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should clear 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 management companies 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.

    Last month I purchased a leasehold flat in Cardiff Bay. Do I have any liability for service charges for periods before 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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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).

    Can you offer any advice when it comes to choosing a Cardiff Bay conveyancing practice to carry out our lease extension conveyancing?

    When appointing a property lawyer for your lease extension (regardless if they are a Cardiff Bay conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Cardiff Bay conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:

    • How familiar is the practice with lease extension legislation?
  • What volume of lease extensions have they completed in Cardiff Bay in the last twenty four months?

    • Cardiff Bay Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      The majority of Cardiff Bay leasehold apartments will be liable to pay a service charge for maintenance of the building levied by the management company. Where you purchase the flat you will have to meet this contribution, normally periodically accross the year. This can differ from a few hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a ground rent to be met yearly, ordinarily this is not a large sum, say about £25-£75 but you should to enquire it because sometimes it can be surprisingly expensive. What restrictions are contained in the Cardiff Bay Lease? It would be prudent to investigate if the the lease includes any onerous restrictions in the lease. For instance it is reasonably common in Cardiff Bay leases that pets are not permitted in in a block in Cardiff Bay. If you love the flatin Cardiff Bay however your cat can’t make the move with you then you will be faced difficult decision.

    Other Topics

    Lease Extensions in Cardiff Bay