My wife and I may need to rent out our Grangetown ground floor flat temporarily due to a career opportunity. We instructed a Grangetown 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 dictates the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in Grangetown do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.

Looking forward to sign contracts shortly on a basement flat in Grangetown. Conveyancing solicitors assured me that they will have a report out to me tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Grangetown should include some of the following:

• The total extent of the property. This will be the property itself but could also incorporate a roof space or basement if applicable.

I have just appointed agents to market my ground floor flat in Grangetown.Conveyancing has not commenced but I have just had a yearly maintenance charge invoice – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should pay the invoice 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 own a leasehold house in Grangetown. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Grangetown who acted for me is not around.Any advice?

First contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to instruct a Grangetown conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

What are the frequently found problems that you come across in leases for Grangetown properties?

Leasehold conveyancing in Grangetown is not unique. Most leases is drafted differently and drafting errors can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , The Mortgage Works, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the buyer to withdraw.

Grangetown Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

Please note if it is fewer than 80 years it will affect the marketability of the apartment. Check with your bank that they are happy with residual term of the lease. A short lease means that you will almost definitely have to extend the lease at some point and it is worth finding out how much this would cost. Remember, in most cases you would need to own the premises for two years in order to be entitled to extend the lease. For many Grangetown leaseholds the cost for major works are not built into the maintenance charges, albeit that a few managing agents in Grangetown obliged tenants to contribute towards a sinking fund created for the specific purpose of building a fund for major repairs or maintenance. It would be wise to find out as much as you can about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to day to day matters such as the upkeep of the communal areas. Ask other people whether they are happy with them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the managing agents and specifically how they are spending the funds.

Other Topics

Lease Extensions in Grangetown