Jane (my partner) and I may need to sub-let our Llandudno ground floor flat for a while due to a new job. We used a Llandudno conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Llandudno conveyancing solicitor is no longer around you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is silent, subletting is permitted. Quite often there is a prerequisite that you must seek permission via your landlord or some other party before subletting. This means that you cannot sublet without prior permission. Such consent should not be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord for their consent.

There are only 72 years unexpired on my lease in Llandudno. I now want to get lease extension but my freeholder is missing. What options are available to me?

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. You will be obliged to prove that you have made all reasonable attempts to track down the lessor. For most situations a specialist should be helpful to try and locate and to produce a report which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a property lawyer both on proving the landlord’s disappearance and the application to the County Court overseeing Llandudno.

Expecting to exchange soon on a basement flat in Llandudno. Conveyancing solicitors assured me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Llandudno should include some of the following:

• You should be sent a copy of the lease

I have just started marketing my ground floor apartment in Llandudno.Conveyancing solicitors are to be appointed soon but I have just had a quarterly maintenance charge invoice – should I leave it to the buyer to sort out?

It best that you clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

When it comes to leasehold conveyancing in Llandudno what are the most common lease problems?

There is nothing unique about leasehold conveyancing in Llandudno. Most leases are unique and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the building
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Virgin Money, and Alliance & Leicester all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

I am the registered owner of a 1st floor flat in Llandudno, conveyancing having been completed in 2006. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Llandudno with a long lease are worth £210,000. The ground rent is £65 yearly. The lease ends on 21st October 2081

With just 57 years remaining on your lease we estimate the premium for your lease extension to span between £28,500 and £33,000 plus costs.

The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs in the absence of comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. Neither should you move forward based on this information before getting professional advice.

Other Topics

Lease Extensions in Llandudno