Jane (my partner) and I may need to let out our Kilgetty 1st floor flat temporarily due to a career opportunity. We instructed a Kilgetty conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Kilgetty conveyancing lawyer is not available you can check your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must obtain consent from your landlord or other appropriate person prior to subletting. This means that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently discovered that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a house with a leasehold title in Kilgetty. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Kilgetty ?

The majority of houses in Kilgetty are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Kilgetty in which case you should be shopping around for a Kilgetty conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out alterations. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer should advise you fully on all the issues.

Back In 2003, I bought a leasehold flat in Kilgetty. Conveyancing and Nationwide Building Society mortgage organised. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Kilgetty who previously acted has long since retired.Any advice?

First contact the Land Registry to make sure that this person is indeed the new freeholder. There is no need to instruct a Kilgetty conveyancing practitioner to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am employed by a reputable estate agent office in Kilgetty where we have experienced a number of leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Kilgetty conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension formalities for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.

An alternative approach is 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 purchaser.

All being well we will complete our sale of a £350000 apartment in Kilgetty next week. The freeholder has quoted £372 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Kilgetty?

Kilgetty conveyancing on leasehold apartments usually necessitates fees being invoiced by managing agents :

• Addressing pre-contract enquiries
• Where consent is required before sale in Kilgetty
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Kilgetty leasehold premises is £350. For Kilgetty 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 required to provide answers.

I own a leasehold flat in Kilgetty, conveyancing formalities finalised in 2003. Can you give me give me an indication of the likely cost of a lease extension? Corresponding flats in Kilgetty with a long lease are worth £173,000. The average or mid-range amount of ground rent is £55 per annum. The lease comes to an end on 21st October 2089

You have 64 years left to run we estimate the price of your lease extension to span between £15,200 and £17,600 as well as plus your own and the landlord's "reasonable" professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before getting professional advice.

Other Topics

Lease Extensions in Kilgetty