Examples of recent questions relating to leasehold conveyancing in Llandaff
I have recently realised that I have 72 years left on my lease in Llandaff. I am keen to get lease extension but my landlord is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you or your lawyers have done all that could be expected to track down the lessor. For most situations a specialist would be helpful to conduct investigations and prepare a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Llandaff.
Looking forward to exchange soon on a leasehold property in Llandaff. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Llandaff should include some of the following:
- You should receive a copy of the lease
I own a leasehold flat in Llandaff. Conveyancing and Halifax mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Llandaff who acted for me is not around.Do I pay?
First make enquiries of the Land Registry to be sure that this person is in fact the new freeholder. It is not necessary to incur the fees of a Llandaff conveyancing practitioner to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am a negotiator for a reputable estate agency in Llandaff where we have experienced a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Llandaff conveyancing firms. Please can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with 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.
Can you offer any advice when it comes to finding a Llandaff conveyancing firm to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Llandaff conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Llandaff conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- What volume of lease extensions have they carried out in Llandaff in the last twenty four months?
Llandaff Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
It would be sensible to find out as much as you can concerning the managing agents as they will either make your life much simpler or much more difficult. As the owner of a leasehold property you will be in the clutches of the managing agents both financially and when it comes to daily matters like the upkeep of the communal areas. Don't be shy to ask other tenants if they are happy with them. On a final note, investigate as to the dates that the service fees are due to the managing agents and specifically what you get for your money.
Best to be warned whether fixing the lift or some other major work is anticipated to be shared amongst the leasehold owners and will dramatically impact the level of the service charges or necessitate a specific payment.
This information is helpful as a) areas can cause problems in the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the running of the building you will want to have full disclosure