Having checked my lease I have discovered that there are only 72 years remaining on my flat in Cathays. I now wish to extend my lease but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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 Court. You will be obliged to prove that you have used your best endeavours to find the lessor. On the whole a specialist may be helpful to try and locate and to produce a report which can be used as proof that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court covering Cathays.

Looking forward to complete next month on a ground floor flat in Cathays. Conveyancing lawyers assured 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 Cathays should include some of the following:

• The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years

I am hoping to put an offer on a small detached house that seems to be perfect, at a great figure which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Cathays. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Cathays ?

The majority of houses in Cathays are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Cathays so you should seriously consider shopping around for a Cathays conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct 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 lawyer should appraise you on the various issues.

Back In 2006, I bought a leasehold flat in Cathays. Conveyancing and Bank of Scotland mortgage are in place. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Cathays who previously acted has now retired.Any advice?

First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. There is no need to instruct a Cathays conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What are the common defects that you encounter in leases for Cathays properties?

Leasehold conveyancing in Cathays is not unique. Most leases is drafted differently and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain elements of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, Barnsley Building Society, and Clydesdale all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the buyer to withdraw.

Leasehold Conveyancing in Cathays - Examples of Questions you should consider before Purchasing

For many Cathays leaseholds the outlay for major works tend not to be incorporated into the service charges, although some managing agents in Cathays obliged leaseholders to contribute towards a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance. What prohibitions are contained in the Cathays Lease? It is important to be aware if redecorating or some other significant cost is due shortly to be shared by the tenants and could well dramatically impact the level of the service charges or necessitate a one time invoice.

Other Topics

Lease Extensions in Cathays