I am on look out for some leasehold conveyancing in Creigiau. Before I get started I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Creigiau - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My wife and I purchased a leasehold flat in Creigiau. Conveyancing and Santander mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Creigiau who acted for me is not around.What should I do?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Creigiau conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

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

If you are instructing a solicitor for lease extension works (regardless if they are a Creigiau conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Creigiau conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• How many lease extensions has the firm completed in Creigiau in the last year?

What are the charges for lease extension work?

Can you provide any advice for leasehold conveyancing in Creigiau from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Creigiau can be reduced if you get in touch lawyers as soon as you market your property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
• The majority landlords or Management Companies in Creigiau levy fees for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in Creigiau.

In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Creigiau leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such works. Where you dont have the paperwork in place do not communicate with the landlord without contacting your solicitor first.

A minority of Creigiau leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to 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 purchasers or their solicitors.

If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a flat where there is a current 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 details of the dispute to the purchasers, but it is better to present the dispute as historic rather than unsettled.

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 apartment in Creigiau on Friday in a week. The management company has quoted £420 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Creigiau?

Creigiau conveyancing on leasehold flats typically involves administration charges invoiced by management companies :

• Answering conveyancing due diligence enquiries
• Where consent is required before sale in Creigiau
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Creigiau leasehold premises is £350. For Creigiau 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 required to provide the information.

Creigiau Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing

Does the lease have more than 90 years unexpired? Many Creigiau leasehold apartments will incur a service charge for maintenance of the building set by the landlord. If you acquire the apartment you will have to pay this charge, normally periodically throughout the year. This can be anything from several hundred pounds to thousands of pounds for buildings with lifts and large common areas. In all probability there will be a ground rent to be met yearly, normally this is not a exorbitant figure, say around £25-£75 but you should to enquire as occasionally it can be surprisingly expensive. The answer will be important as a) areas may result in problems in the building as the communal areas may start to deteriorate if repairs are not paid for b) if the leaseholders have an issue with the managing agents you will need to have all the details

Other Topics

Lease Extensions in Creigiau