Leasehold Conveyancing in Llanbradach - Get a Quote from the leasehold experts approved by your lender

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Questions and Answers: Llanbradach leasehold conveyancing

My partner and I may need to rent out our Llanbradach 1st floor flat for a while due to a new job. We instructed a Llanbradach conveyancing practice in 2002 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Notwithstanding that your last Llanbradach conveyancing solicitor is no longer available you can check your lease to check if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to obtain permission from your landlord or some other party prior to subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent must not not be unreasonably turned down. If your lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

I only have Sixty One years unexpired on my lease in Llanbradach. I now want to get lease extension but my landlord is absent. What should I do?

On the basis that 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 enable the lease to be granted an extra 90 years by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to find the landlord. On the whole a specialist would be useful to conduct investigations and prepare an expert document which can be used as proof that the freeholder can not be located. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Llanbradach.

I am attracted to a two apartments in Llanbradach which have in the region of forty five years unexpired on the leases. Will this present a problem?

There are plenty of short leases in Llanbradach. The lease is a right to use the property for a period of time. As a lease shortens the value of the lease decreases and it becomes more expensive to acquire a lease extension. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a difficult process. We advise that you seek professional assistance from a conveyancer and surveyor with experience in this field

Do you have any top tips for leasehold conveyancing in Llanbradach from the perspective of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Llanbradach can be reduced if you instruct lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ lawyers.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Llanbradach leases often stipulate that internal structural alterations or addition of wooden flooring calls for a licence from the Landlord approving such works. If you dont have the consents in place do not contact the landlord without checking with your solicitor first.
  • A minority of Llanbradach leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand 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 service charge figures so that they can pass this information on to the buyers or their solicitors.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Obtaining a duplicate share certificate is often a lengthy process and delays many a Llanbradach home move. If a reissued share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.
  • You may think that you are aware of the number of years left on your lease but you should double-check by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to where the lease term is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • What makes a Llanbradach lease defective?

    Leasehold conveyancing in Llanbradach is not unique. All leases are unique and drafting errors can sometimes mean that certain provisions are not included. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the building
    • Insurance obligations
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Coventry Building Society, and Bank of Ireland all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to withdraw.

    Llanbradach Leasehold Conveyancing - A selection of Queries before Purchasing

      What restrictions are contained in the Llanbradach Lease? It would be a good idea to find out if there is anything that is prohibited in the lease. For instance it is fairly common in Llanbradach leases that pets are not allowed in in a block in Llanbradach. If you love the propertyin Llanbradach but your dog can’t move with you then you will be presented with a hard decision. Please inform me if there are any major works in the planning that could add a premium to the service fees?

    Other Topics

    Lease Extensions in Llanbradach