Fixed-fee leasehold conveyancing in Carmarthen:

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Top Five Questions relating to Carmarthen leasehold conveyancing

Jane (my partner) and I may need to let out our Carmarthen ground floor flat temporarily due to a career opportunity. We instructed a Carmarthen conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Carmarthen do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Carmarthen. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

Most houses in Carmarthen are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Carmarthen in which case you should be looking for a Carmarthen conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’spermission to conduct alterations. You may also be required to pay a contribution towards the upkeep of the estate where the house is located on an estate. Your lawyer will advise you fully on all the issues.

I've recently bought a leasehold flat in Carmarthen. Am I liable to pay service charges relating to a period prior to 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. Strange as it may seem, 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).

What advice can you give us when it comes to appointing a Carmarthen conveyancing practice to deal with our lease extension?

If you are instructing a conveyancer for lease extension works (regardless if they are a Carmarthen conveyancing practice) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Carmarthen conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be of use:

  • What volume of lease extensions have they carried out in Carmarthen in the last year?
  • Can they put you in touch with client in Carmarthen who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in Carmarthen from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in Carmarthen can be bypassed where you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
    • Many freeholders or Management Companies in Carmarthen levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Carmarthen.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Carmarthen state that internal structural changes or installing wooden flooring require a licence issued by the Landlord consenting to such alterations. Should you fail to have the consents to hand you should not communicate with the landlord without contacting your solicitor first.
  • A minority of Carmarthen leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual 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 actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The buyers 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 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 will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved.

    • Carmarthen Leasehold Conveyancing - Sample of Questions you should ask Prior to buying

      For many Carmarthen leaseholds the cost for major works tend not to be included within maintenance charges, albeit that some managing agents in Carmarthen ask leasehold owners to pay into a sinking fund created for the specific purpose of establishing a fund for larger works. Are there any major works anticipated that could add a premium to the maintenance charges? You should want to discover as much as you can about the company managing the block as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to day to day matters like the tidiness of the communal areas. Enquire of other tenants what they think of their service. In conclusion, be sure you understand the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending that money.

    Other Topics

    Lease Extensions in Carmarthen