My partner and I may need to rent out our Mynydd Isa basement flat for a while due to taking a sabbatical. We used a Mynydd Isa conveyancing firm in 2003 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in Mynydd Isa do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a great price which is making it more attractive. I have since found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Mynydd Isa. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Mynydd Isa ?

The majority of houses in Mynydd Isa are freehold and not leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can assist with the conveyancing process. We note that you are purchasing in Mynydd Isa so you should seriously consider shopping around for a Mynydd Isa conveyancing practitioner and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to carry out alterations. It may be necessary to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your conveyancer should report to you on the legal implications.

Last month I purchased a leasehold house in Mynydd Isa. Am I liable to pay service charges relating to a period prior to my ownership?

Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Do you have any top tips for leasehold conveyancing in Mynydd Isa from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Mynydd Isa can be avoided where you appoint lawyers the minute you market your property and ask them to put together the leasehold information which will be required by the buyers representatives.
• Many freeholders or Management Companies in Mynydd Isa charge for supplying management packs for a leasehold homes. You or your lawyers should discover the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Mynydd Isa.
• If you have carried out any alterations to the property would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Mynydd Isa state that internal structural changes or installing wooden flooring require a licence from the Landlord acquiescing to such changes. Where you fail to have the consents to hand do not communicate with the landlord without checking with your lawyer in advance.
• If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share certificate. Obtaining a duplicate share certificate can be a lengthy formality and delays many a Mynydd Isa conveyancing deal. If a reissued share certificate is needed, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
• You believe that you know the number of years remaining on your lease but it would be wise to verify this by asking your lawyers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. It is therefore important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

In relation to leasehold conveyancing in Mynydd Isa what are the most common lease problems?

Leasehold conveyancing in Mynydd Isa is not unique. Most leases are individual and drafting errors can sometimes mean that certain provisions are wrong. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements 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 can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Leeds Building Society, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

Mynydd Isa Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

How many of the leaseholders are in arrears for their service charge payments? If a Mynydd Isa lease has no more than eighty years it will affect the marketability of the apartment. It is worth checking with your mortgage company that they are willing to to proceed given the lease term. Leases with less than 80 years remaining means that you will probably need a lease extension sooner rather than later and you need to have some idea of how much this would cost. For most Mynydd Isalease extensions you will be be obliged to have owned the property for a couple of years in order to be entitled to exercise a lease extension.