My partner and I may need to sub-let our Margam basement flat temporarily due to a new job. We used a Margam conveyancing firm in 2004 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Margam conveyancing lawyer is not around you can review your lease to check if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to seek permission from your landlord or some other party before subletting. The net result is you not allowed to sublet in the absence of prior consent. The consent should not be unreasonably turned down. If your lease does not allow you to sublet you will need to ask your landlord for their consent.

I have recently realised that I have 62 years left on my flat in Margam. I am keen to extend my lease but my landlord is absent. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to prove that you have used your best endeavours to find the freeholder. In some cases a specialist should be useful to try and locate and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Margam.

I am looking at a couple of apartments in Margam both have in the region of fifty years remaining on the lease term. should I be concerned?

There are plenty of short leases in Margam. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease gets shorter the value of the lease decreases and results in it becoming more costly to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

What are your top tips when it comes to appointing a Margam conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Margam conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with two or three firms including non Margam conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• If they are not ALEP accredited then what is the reason?

What are the charges for lease extension work?

All being well we will complete the disposal of our £225000 maisonette in Margam on Wednesday in a week. The landlords agents has quoted £324 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Margam?

Margam conveyancing on leasehold flats usually results in fees being raised by managing agents :

• Addressing pre-exchange questions
• Where consent is required before sale in Margam
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Margam leasehold property is £350. For Margam conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide the information.

I own a 1st floor flat in Margam, conveyancing having been completed in 2000. Can you work out an approximate cost of a lease extension? Similar properties in Margam with a long lease are worth £196,000. The ground rent is £65 charged once a year. The lease comes to an end on 21st October 2102

With just 76 years remaining on your lease the likely cost is going to be between £8,600 and £9,800 plus professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Margam