Cardigan leasehold conveyancing: Q and A’s
My wife and I may need to rent out our Cardigan ground floor flat temporarily due to a career opportunity. We used a Cardigan 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?
Even though your previous Cardigan conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the apartment. The rule is that if the deeds are silent, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission from your landlord or some other party prior to subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. The consent must not not be unreasonably refused ore delayed. If your lease does not allow you to sublet you should ask your landlord for their consent.
There are only 68 years remaining on my flat in Cardigan. I now want to extend my lease but my landlord is absent. What should I do?
On the basis that you qualify, 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 enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the freeholder. For most situations an enquiry agent would be helpful to conduct investigations and to produce a report which can be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Cardigan.
Estate agents have just been given the go-ahead to market my 2 bed apartment in Cardigan.Conveyancing lawyers have not yet been instructed but I have just had a yearly maintenance charge demand – Do I pay up?
It best that you 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 managing agents will not acknowledge the buyer until 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 own a leasehold flat in Cardigan. Conveyancing and The Mortgage Works mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1992. The conveyancing solicitor in Cardigan who previously acted has long since retired.Any advice?
The first thing you should do is contact HMLR to be sure that the individual claiming to own the freehold is in fact the new freeholder. There is no need to incur the fees of a Cardigan conveyancing solicitor to do this as you can do this on the Land Registry website for a few pound. Rest assured 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 tempted by the attractive purchase price for a two apartments in Cardigan which have approximately forty five years unexpired on the leases. Should I regard a short lease as a deal breaker?
A lease is a right to use the property for a prescribed time frame. As the lease shortens the saleability of the lease reduces and results in it becoming more costly to extend the lease. This is why it is advisable to extend the lease term. Sometimes it is difficulties arise selling premises with a short lease because mortgage lenders may be reluctant to lend money on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this area
Cardigan Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
On the whole the cost for major works are not incorporated into the service charges, albeit that there some managing agents in Cardigan require leaseholders to pay into a reserve fund created for the specific purpose of establishing a fund for major repairs or maintenance.
What is the service charge and ground rent on the property?
How is the lease structured?