I only have Fifty years remaining on my lease in Fishguard. I need to get lease extension but my landlord is absent. What options are available to me?

On the basis that you qualify, 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 extended by the magistrate. However, you will be required to demonstrate that you have used your best endeavours to locate the landlord. For most situations an enquiry agent may be helpful to carry out a search and prepare a report which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Fishguard.

I have just started marketing my ground floor apartment in Fishguard.Conveyancing has not commenced but I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should discharge the service charge 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.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Fishguard. Conveyancing solicitors have are about to be instructed. Will they explain the issues?

Most houses in Fishguard are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Fishguard so you should seriously consider looking for a Fishguard conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to carry out alterations. You may also be required to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your solicitor will report to you on the legal implications.

Do you have any top tips for leasehold conveyancing in Fishguard with the intention of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Fishguard can be reduced if you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the purchasers’ lawyers.
• Many freeholders or managing agents in Fishguard levy fees for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Fishguard.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Fishguard state that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. Where you dont have the consents to hand do not contact the landlord without contacting your solicitor in advance.

If you hold a share in a the Management Company, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a lengthy process and delays many a Fishguard conveyancing transaction. If a duplicate share certificate is necessary, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

You believe that you know the number of years remaining on your lease but it would be advisable double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to where the lease term is below 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

We expect to complete our sale of a £325000 apartment in Fishguard on Monday in a week. The freeholder has quoted £372 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Fishguard?

Fishguard conveyancing on leasehold flats nine out of ten times involves fees being invoiced by managing agents :

• Answering pre-exchange questions
• Where consent is required before sale in Fishguard
• Supplying insurance information
• 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 Fishguard leasehold property is £350. For Fishguard 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 obliged to supply the information.

Fishguard Leasehold Conveyancing - A selection of Queries before buying

What is the length of the lease? Who is in charge of the block? In the main the outlay for major works tend not to be included within maintenance charges, although there some managing agents in Fishguard require tenants to contribute towards a sinking fund and this is used to offset against larger works.

Other Topics

Lease Extensions in Fishguard