Questions and Answers: Margam leasehold conveyancing
Planning to exchange soon on a garden flat in Margam. Conveyancing solicitors inform me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Margam should include some of the following:
- You should be sent a copy of the lease
I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Margam. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Margam ?
Most houses in Margam are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Margam in which case you should be looking for a Margam conveyancing practitioner 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 to the property. The lease will likely included provisions for example obtaining the freeholder’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your conveyancer will appraise you on the various issues.
I am tempted by the attractive purchase price for a two flats in Margam both have in the region of 50 years unexpired on the lease term. Do I need to be concerned?
A lease is a right to use the premises for a period of time. As a lease gets shorter the marketability of the lease decreases and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We advise that you get professional help from a solicitor and surveyor with experience in this field
I am employed by a reputable estate agency in Margam where we have experienced a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given contradictory information from local Margam conveyancing firms. Can you shed some light as to whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible 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 purchaser.
Do you have any top tips for leasehold conveyancing in Margam with the aim of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Margam can be bypassed if you instruct lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
- If you have carried out any alterations to the premises would they have required Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Margam state that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. If you dont have the consents to hand do not contact the landlord without contacting your conveyancer in advance.
Margam Leasehold Conveyancing - Sample of Questions you should consider Prior to buying
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Is there a share of the freehold?
How much is the ground rent and service charge?
Plenty Margam leasehold flats will have a service bill for the upkeep of the block levied on behalf of the freeholder. If you acquire the property you will have to meet this contribution, normally in instalments during the year. This may differ from a few hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a ground rent to be met yearly, ordinarily this is not a significant amount, say approximately £25-£75 but you should to check as occasionally it could be prohibitively expensive.
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