Llandrindod Wells leasehold conveyancing: Q and A’s
Helen (my wife) and I may need to let out our Llandrindod Wells ground floor flat for a while due to a career opportunity. We used a Llandrindod Wells conveyancing practice in 2003 but they have closed and we did not think at the time get any advice as to whether the lease permits subletting. How do we find out?
The lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is not allowed, 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 subletting altogether – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
There are only 72 years remaining on my flat in Llandrindod Wells. I need to get lease extension but my freeholder is missing. What should I do?
If you qualify, 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 enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to track down the landlord. In some cases an enquiry agent should be useful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court covering Llandrindod Wells.
I am hoping to sign contracts shortly on a studio apartment in Llandrindod Wells. Conveyancing solicitors have said that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Llandrindod Wells should include some of the following:
- You should be sent a copy of the lease
Back In 2006, I bought a leasehold house in Llandrindod Wells. Conveyancing and Clydesdale mortgage went though with no issue. A letter has just been received from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Llandrindod Wells who previously acted has now retired.What should I do?
First make enquiries of the Land Registry to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Llandrindod Wells 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 rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Can you offer any advice when it comes to appointing a Llandrindod Wells conveyancing practice to carry out our lease extension conveyancing?
When appointing a property lawyer for your lease extension (regardless if they are a Llandrindod Wells conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Llandrindod Wells conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- How experienced is the firm with lease extension legislation?
Llandrindod Wells Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
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How much is the ground rent and service charge?
Its a good idea to discover as much as you can about the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to daily issues like the tidiness of the communal areas. Don't be shy to ask prospective neighbours what they think of their service. On a final note, investigate as to the dates that the service charges are due to the appropriate party and specifically what you get for your money.
Make sure you investigate if there is anything that is prohibited in the lease. For instance plenty of leases prohibit pets being permitted in in a block in Llandrindod Wells. If you love the flatin Llandrindod Wells however your dog is not allowed to live with you then you will be presented with a hard decision.
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