I have recently realised that I have Seventy years unexpired on my flat in Carmarthen. I now wish to extend my lease but my landlord is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the freeholder. For most situations an enquiry agent would be useful to try and locate and to produce an expert document to be used as proof that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Carmarthen.

I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have subsequently found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a house with a leasehold title in Carmarthen. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Carmarthen ?

The majority of houses in Carmarthen are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Carmarthen in which case you should be shopping around for a Carmarthen conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

Back In 2005, I bought a leasehold house in Carmarthen. Conveyancing and Godiva Mortgages Ltd mortgage went though with no issue. 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 1992. The conveyancing solicitor in Carmarthen who previously acted has now retired.Do I pay?

First contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Carmarthen conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

All being well we will complete the sale of our £225000 flat in Carmarthen next Friday . The landlords agents has quoted £408 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Carmarthen?

Carmarthen conveyancing on leasehold apartments usually results in administration charges raised by landlords agents :

• Addressing pre-exchange questions
• Where consent is required before sale in Carmarthen
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Carmarthen leasehold property is £350. For Carmarthen conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

What are the common defects that you come across in leases for Carmarthen properties?

There is nothing unique about leasehold conveyancing in Carmarthen. All leases are unique and drafting errors can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Leeds Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.

Carmarthen Leasehold Conveyancing - Examples of Queries Prior to Purchasing

Be sure to enquire if there are any onerous restrictions in the lease. By way of example it is reasonably common in Carmarthen leases that pets are not permitted in in a block in Carmarthen. If you love the propertyin Carmarthen yet your cat is not allowed to live with you then you will be faced hard choice. Does the lease have more than 80 years left? If a Carmarthen lease has no more than 80 years it will affect the value of the apartment. It is worth checking with your mortgage company that they are content with the length of the lease. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension sooner rather than later and it is worth discovering how much this would cost. For most Carmarthenlease extensions you will need to own the residence for a couple of years before you are entitled to exercise a lease extension.

Other Topics

Lease Extensions in Carmarthen