Leasehold Conveyancing in Ebbw Vale - Get a Quote from the leasehold experts approved by your lender

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Questions and Answers: Ebbw Vale leasehold conveyancing

I would like to rent out my leasehold apartment in Ebbw Vale. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

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

I own a leasehold flat in Ebbw Vale. Conveyancing and Yorkshire Building Society mortgage organised. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Ebbw Vale who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Ebbw Vale conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am tempted by the attractive purchase price for a two flats in Ebbw Vale which have in the region of 50 years unexpired on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the property for a period of time. As the lease shortens the saleability of the lease reduces and results in it becoming more costly to extend the lease. This is why it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold flat in Ebbw Vale. Am I liable to pay service charges for periods before 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. However, your landlord may still be able to take action to forfeit the lease. A critical element 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).

Do you have any advice for leasehold conveyancing in Ebbw Vale with the aim of expediting the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Ebbw Vale can be avoided where you get in touch lawyers the minute you market your property and ask them to put together the leasehold information needed by the purchasers’ conveyancers.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Ebbw Vale leases often stipulate that internal structural changes or installing wooden flooring require a licence issued by the Landlord acquiescing to such changes. Should you dont have the consents in place you should not communicate with the landlord without contacting your lawyer in advance.
  • A minority of Ebbw Vale leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is financially capable of paying the yearly 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 there is a history of conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a property where a dispute is unresolved. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Arranging a new share certificate can be a lengthy process and delays many a Ebbw Vale conveyancing transaction. Where a reissued share is required, you should approach the company director and secretary or managing agents (if relevant) for this as soon as possible.

    • Ebbw Vale Conveyancing for Leasehold Flats - A selection of Queries before buying

      The majority of Ebbw Vale leasehold properties will have a service charge for maintenance of the block set by the management company. Should you purchase the flat you will have to meet this contribution, usually periodically throughout the year. This may vary from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a rentcharge for you to pay annual, this is usually not a large figure, say around £25-£75 but you need to check as sometimes it can be many hundreds of pounds. This information is useful as a) areas can result in problems for the block as the communal areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to know about it The prefered form of lease structure is a share of the freehold. In this situation the lessees benefit from control and notwithstanding that a managing agent is often retained if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Ebbw Vale