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Recently asked questions relating to Dulas and Nebo leasehold conveyancing

I would like to sublet my leasehold apartment in Dulas and Nebo. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Your lease governs the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. Most leases in Dulas and Nebo do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Expecting to exchange soon on a leasehold property in Dulas and Nebo. Conveyancing solicitors assured me that they are sending me a report tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Dulas and Nebo should include some of the following:

  • You should receive a copy of the lease
  • Setting out your legal entitlements in relation to the communal areas in the building.By way of example, does the lease include a right of way over an accessway or hallways?
  • Will you be prohibited or prevented from having pets in the property?
  • Whether the lease restricts you from letting out the flat, or having a home office for business
  • You need to be told what constitutes a Nuisance in the lease
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Dulas and Nebo please enquire of your conveyancer in ahead of your conveyancing in Dulas and Nebo

    • I have just appointed agents to market my basement apartment in Dulas and Nebo.Conveyancing has not commenced but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

    It best that you clear the invoice 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 management companies 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. Having a clear account will assist your cause and will leave you no worse off financially.

    Last month I purchased a leasehold flat in Dulas and Nebo. Do I have any liability for service charges for periods before my ownership?

    In a situation where the service charge has already been demanded from the previous lessee 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 ensure 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).

    Can you provide any advice for leasehold conveyancing in Dulas and Nebo from the point of view of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Dulas and Nebo can be avoided if you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ representatives.
    • If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Dulas and Nebo leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord consenting to such changes. Should you dont have the paperwork to hand do not contact the landlord without contacting your lawyer in advance.
  • A minority of Dulas and Nebo leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
  • If you hold a share in a the Management Company, you should make sure that you hold the original share certificate. Obtaining a duplicate share certificate is often a lengthy formality and delays many a Dulas and Nebo conveyancing transaction. If a new share is needed, you should approach the company officers or managing agents (if relevant) for this as soon as possible.
  • You believe that you know the number of years left on your lease but you should double-check via your conveyancers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is below 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

    • Leasehold Conveyancing in Dulas and Nebo - Examples of Queries Prior to Purchasing

      How is the lease structured? Most Dulas and Nebo leasehold properties will incur a service charge for the upkeep of the building levied on behalf of the management company. Should you purchase the flat you will have to pay this liability, normally in instalments accross the year. This may vary from a few hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. In all likelihood there will be a ground rent to be met annual, ordinarily this is not a exorbitant amount, say about £50-£100 but you need to check it because sometimes it can be many hundreds of pounds. Make sure you investigate if the the lease includes any adverse restrictions in the lease. For example it is very common in Dulas and Nebo leases that pets are not allowed in in a block in Dulas and Nebo. If you like the apartmentin Dulas and Nebo however your cat can’t move with you then you have a very difficult decision.

    Other Topics

    Lease Extensions in Dulas and Nebo