Fixed-fee leasehold conveyancing in Glan Conwy:

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Leasehold conveyancing in Glan Conwy is more complex than freehold. Your home move will be smoother where you choose a lawyer with a wealth of experience of leasehold conveyancing in Glan Conwy and across next step up in loc. The lawyers we recommend have been approved by your lender so use our search tool to check.

Questions and Answers: Glan Conwy leasehold conveyancing

Frank (my husband) and I may need to sub-let our Glan Conwy 1st floor flat temporarily due to a career opportunity. We used a Glan Conwy conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Some leases for properties in Glan Conwy do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

Back In 2006, I bought a leasehold flat in Glan Conwy. Conveyancing and Santander mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Glan Conwy who previously acted has now retired.Any advice?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Glan Conwy conveyancing practitioner 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 legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold house in Glan Conwy. Am I liable to pay 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. 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).

I work for a busy estate agency in Glan Conwy where we have experienced a few leasehold sales jeopardised due to short leases. I have received conflicting advice from local Glan Conwy conveyancing solicitors. Could you confirm whether the vendor of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Do you have any top tips for leasehold conveyancing in Glan Conwy from the point of view of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Glan Conwy can be reduced if you get in touch lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers representatives.
  • Many landlords or managing agents in Glan Conwy charge 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 can be applied for 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 reason for delay in leasehold conveyancing in Glan Conwy.
  • If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Glan Conwy state that internal structural alterations or addition of wooden flooring require a licence from the Landlord acquiescing to such works. Should you fail to have the consents in place you should not communicate with the landlord without contacting your conveyancer first.
  • Some Glan Conwy leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you hold a share in a the freehold, you should make sure that you hold the original share document. Obtaining a replacement share certificate is often a time consuming process and slows down many a Glan Conwy home move. Where a duplicate share certificate is required, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

    • Glan Conwy Leasehold Conveyancing - A selection of Questions you should consider Prior to buying

      The prefered form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this arrangement the leaseholders have control and even though a managing agent is often employed where the building is larger than a house conversion, the managing agent retained by the leaseholders. How long is the Lease? How much is the service charge and ground rent on the flat?

    Other Topics

    Lease Extensions in Glan Conwy