Experts for Leasehold Conveyancing in Llandaff

Get a Quote

When it comes to leasehold conveyancing in Llandaff, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Halifax, RBS or NatWest make sure you find a lawyer on their panel. Feel free to use our search tool

Common questions relating to Llandaff leasehold conveyancing

Harry (my fiance) and I may need to rent out our Llandaff basement flat for a while due to taking a sabbatical. We instructed a Llandaff conveyancing practice in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last Llandaff conveyancing solicitor 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 lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Having checked my lease I have discovered that there are only Seventy years unexpired on my lease in Llandaff. I need to get lease extension but my freeholder is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. In some cases a specialist would be useful to carry out a search and to produce an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing Llandaff.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great figure which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Llandaff. Conveyancing advisers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Llandaff ?

Most houses in Llandaff are freehold rather than leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are buying in Llandaff in which case you should be shopping around for a Llandaff conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your solicitor should advise you fully on all the issues.

I've recently bought a leasehold flat in Llandaff. Do I have any liability for service charges relating to a period prior to my ownership?

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).

Can you provide any advice for leasehold conveyancing in Llandaff with the aim of speeding up the sale process?

  • Much of the frustration in leasehold conveyancing in Llandaff can be bypassed if you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ lawyers.
  • The majority landlords or Management Companies in Llandaff levy fees for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Llandaff.
  • A minority of Llandaff leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly 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 buyers or their solicitors.
  • If you have had any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you hold the original share document. Obtaining a duplicate share certificate is often a lengthy formality and delays many a Llandaff home move. Where a reissued share is necessary, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.

    • Leasehold Conveyancing in Llandaff - Examples of Questions you should ask Prior to buying

      It is important to be aware whether redecorating or some other major work is due shortly to be shared amongst the leasehold owners and will materially impact the level of the maintenance fees or result in a one off invoice. What prohibitions exist in the Llandaff Lease? Who are the managing agents?

    Other Topics

    Lease Extensions in Llandaff