Top Five Questions relating to Llanrumney leasehold conveyancing
I am in need of some leasehold conveyancing in Llanrumney. Before I get started I require certainty as to the unexpired term of the lease.
Assuming the lease is recorded at the land registry - and most are in Llanrumney - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I've found a house that appears to be perfect, at a great price which is making it more attractive. I have subsequently been informed that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Llanrumney. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?
The majority of houses in Llanrumney are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Llanrumney in which case you should be looking for a Llanrumney conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the landlord’sconsent to conduct alterations. You may also be required to pay a service charge towards the upkeep of the estate where the house is located on an estate. Your lawyer will report to you on the legal implications.
I am employed by a long established estate agency in Llanrumney where we have experienced a few flat sales put at risk as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Llanrumney conveyancing solicitors. Can you clarify whether the owner of a flat can initiate the lease extension formalities for the buyer?
As long as the seller has been the owner 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. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as 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 provide any top tips for leasehold conveyancing in Llanrumney with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Llanrumney can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation needed by the purchasers’ lawyers.
- If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Llanrumney state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord consenting to such changes. If you fail to have the paperwork in place do not communicate with the landlord without contacting your lawyer in the first instance.
Completion in due on our sale of a £250000 flat in Llanrumney in nine days. The freeholder has quoted £312 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Llanrumney?
Llanrumney conveyancing on leasehold maisonettes usually requires the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer these enquiries the majority will be content to assist. They may charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it is above £800. The administration charge required by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration fees, without which the charge is technically not due. Reality however dictates that one has no choice but to pay whatever is requested of you if you want to sell the property.
Llanrumney Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
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Best to be warned whether changing the roof or some other major work is coming up to be shared by the leasehold owners and may well dramatically increase the the maintenance fees or necessitate a one off payment.
What is the yearly service fee and ground rent?
For most Llanrumney leaseholds the cost for major works are not wrapped into the maintenance charges, although some managing agents in Llanrumney obliged tenants to pay into a reserve fund and this is used to offset against larger repairs or maintenance.
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