Harry (my fiance) and I may need to let out our Garndolbenmaen ground floor flat temporarily due to taking a sabbatical. We used a Garndolbenmaen conveyancing firm in 2002 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

The lease dictates relations between the landlord and you the flat owner; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Garndolbenmaen do not prevent subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years remaining on my lease in Garndolbenmaen. I now want to get lease extension but my freeholder is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have made all reasonable attempts to track down the lessor. In some cases an enquiry agent may be useful to try and locate and prepare a report to be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Garndolbenmaen.

I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Garndolbenmaen. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Garndolbenmaen ?

Most houses in Garndolbenmaen are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are buying in Garndolbenmaen in which case you should be shopping around for a Garndolbenmaen conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is located on an estate. Your conveyancer will report to you on the legal implications.

I've recently bought a leasehold house in Garndolbenmaen. Am I liable to pay service charges relating to a period prior to my ownership?

In a situation 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 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).

What advice can you give us when it comes to choosing a Garndolbenmaen conveyancing firm to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Garndolbenmaen conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Garndolbenmaen conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If the firm is not ALEP accredited then why not?

Leasehold Conveyancing in Garndolbenmaen - A selection of Queries Prior to buying

Be sure to find out if there are any onerous restrictions in the lease. For instance it is very common in Garndolbenmaen leases that pets are not allowed in certain buildings in Garndolbenmaen. If you love the apartmentin Garndolbenmaen but your cat is not allowed to make the move with you then you have a very difficult decision. It is important to be aware if fixing the lift or some other major work is due in the near future to be shared amongst the leaseholders and may well dramatically impact the level of the service costs or result in a specific invoice. What is the name of the managing agents?

Other Topics

Lease Extensions in Garndolbenmaen