Frequently asked questions relating to Garndolbenmaen leasehold conveyancing
My husband and I may need to let out our Garndolbenmaen ground floor flat temporarily due to a new job. We instructed a Garndolbenmaen conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
The lease governs the relationship between the landlord and you the flat owner; in particular, it will say if subletting is not allowed, 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 Garndolbenmaen do not contain 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.
Back In 2008, I bought a leasehold flat in Garndolbenmaen. Conveyancing and HSBC Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing practitioner in Garndolbenmaen who acted for me is not around.What should I do?
The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Garndolbenmaen conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Last month I purchased a leasehold flat in Garndolbenmaen. Am I liable to pay service charges relating to a period prior to 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. 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 offer any advice when it comes to appointing a Garndolbenmaen conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Garndolbenmaen conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Garndolbenmaen conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How many lease extensions has the firm conducted in Garndolbenmaen in the last 12 months?
Can you provide any top tips for leasehold conveyancing in Garndolbenmaen with the aim of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Garndolbenmaen can be avoided if you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers lawyers.
- Many freeholders or Management Companies in Garndolbenmaen charge for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual reason for frustration in leasehold conveyancing in Garndolbenmaen.
Garndolbenmaen Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments?
What is the name of the managing agents?
The best form of lease structure is if the freehold reversion is in the ownership of the leaseholders. In this arrangement the tenants enjoy control and although a managing agent is usually retained if it is larger than a house conversion, the managing agent employed by the leaseholders.
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