My wife and I may need to rent out our Llandrindod Wells basement flat temporarily due to a new job. We used a Llandrindod Wells conveyancing practice in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A lease governs the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Llandrindod Wells do not contain strict prohibition on subletting – such a provision would adversely affect the market value the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

I today plan to offer on a house that appears to be perfect, at a great price which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Llandrindod Wells. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

The majority of houses in Llandrindod Wells are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. it is apparent that you are purchasing in Llandrindod Wells in which case you should be shopping around for a Llandrindod Wells conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a service charge towards the maintenance of the estate where the property is part of an estate. Your solicitor will report to you on the legal implications.

Back In 2007, I bought a leasehold house in Llandrindod Wells. Conveyancing and Nationwide Building Society mortgage organised. 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 1993. The conveyancing solicitor in Llandrindod Wells who previously acted has long since retired.Do I pay?

The first thing you should do is make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. You do not need to instruct a Llandrindod Wells conveyancing solicitor to do this as it can be done on-line 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 busy estate agency in Llandrindod Wells where we see a few flat sales derailed as a result of leases having less than 80 years remaining. I have received conflicting advice from local Llandrindod Wells conveyancing solicitors. Could you clarify whether the vendor of a flat can initiate the lease extension process 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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.

Completion in due on our sale of a £500000 garden flat in Llandrindod Wells in seven days. The management company has quoted £348 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Llandrindod Wells?

Llandrindod Wells conveyancing on leasehold apartments usually involves the buyer’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to answer these enquiries most will be willing to do so. They are entitled levy a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The management information fee levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, without which the charge is technically not due. In reality one has little option but to pay whatever is demanded if you want to complete the sale of your home.

Llandrindod Wells Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

Be sure to find out if there is anything that is prohibited in the lease. For instance some leases prohibit pets being permitted in certain buildings in Llandrindod Wells. If you love the propertyin Llandrindod Wells yet your cat can’t live with you then you have a very difficult decision. You should want to find out as much as possible regarding the company managing the block as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to every day issues such as the tidiness of the common parts. Don't be shy to ask other tenants if they are happy with them. In conclusion, find out the dates that the service fees are due to the managing agents and precisely what you get for your money. The majority of Llandrindod Wells leasehold flats will be liable to pay a service bill for maintenance of the block levied by the landlord. If you acquire the property you will have to meet this contribution, usually in instalments throughout the year. This could vary from a couple of hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a ground rent for you to pay yearly, normally this is not a exorbitant amount, say approximately £25-£75 but you need to enquire as on occasion it can be many hundreds of pounds.

Other Topics

Lease Extensions in Llandrindod Wells