Due to exchange soon on a ground floor flat in Cardigan. Conveyancing solicitors inform me that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Cardigan 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 basement if applicable.
• Setting out your rights in respect of common areas in the block.By way of example, does the lease permit a right of way over a path or staircase?
• Do you need to have carpet in the flat or are you allowed wood flooring?
• Whether the lease restricts you from letting out the property, or working from home
• Repair and maintenance of the flat
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Responsibility for repairing the window frames

Back In 2005, I bought a leasehold house in Cardigan. Conveyancing and Skipton Building Society mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Cardigan who previously acted has now retired.Any advice?

First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. You do not need to instruct a Cardigan conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a reputable estate agent office in Cardigan where we see a few flat sales derailed as a result of leases having less than 80 years remaining. I have been given inconsistent advice from local Cardigan conveyancing firms. Can you confirm whether the seller of a flat can commence 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 kick-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 wait 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 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 buyer.

Can you provide any top tips for leasehold conveyancing in Cardigan with the purpose of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Cardigan can be reduced where you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Cardigan leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord consenting to such changes. Where you fail to have the consents in place do not communicate with the landlord without contacting your lawyer before hand.
• A minority of Cardigan leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors.
• If there is a history of any disputes with your freeholder or managing agents it is essential 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 will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to 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 reveal the dispute as over rather than unresolved.
• If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Organising a new share certificate can be a lengthy process and frustrates many a Cardigan home move. If a duplicate share is required, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.

All being well we will complete our sale of a £ 250000 flat in Cardigan in just under a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Cardigan?

Cardigan conveyancing on leasehold apartments more often than not requires the buyer’s solicitor submitting enquiries for the landlord to address. Although the landlord is not legally bound to respond to such questions most will be content to do so. They may charge a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is £350, in some cases it is above £800. The administration charge levied by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, without which the invoice is not strictly payable. In reality one has little choice but to pay whatever is demanded should you wish to complete the sale of your home.

Cardigan Conveyancing for Leasehold Flats - Examples of Questions you should consider before buying

Does the lease have more than 82 years left?