Top Five Questions relating to Mynydd Isa leasehold conveyancing
Harry (my fiance) and I may need to rent out our Mynydd Isa 1st floor flat for a while due to taking a sabbatical. We instructed a Mynydd Isa conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Some leases for 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 review 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 permission.
I have recently realised that I have Sixty One years remaining on my lease in Mynydd Isa. I am keen to get lease extension but my landlord is can not be found. What are my options?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the lessor. On the whole a specialist would be helpful to try and locate and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on investigating the landlord’s disappearance and the application to the County Court covering Mynydd Isa.
I have just appointed agents to market my garden apartment in Mynydd Isa.Conveyancing is yet to be initiated but I have just had a half-yearly service charge demand – Do I pay up?
The sensible thing to do is pay the service charge 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.
I've recently bought a leasehold house in Mynydd Isa. Do I have any liability for service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous owner 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 ensure 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).
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £250000 apartment in Mynydd Isa in 10 days. The landlords agents has quoted £324 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Mynydd Isa?
Mynydd Isa conveyancing on leasehold maisonettes usually involves fees being levied by landlords agents :
- Completing pre-exchange questions
- Where consent is required before sale in Mynydd Isa
- Supplying insurance information
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Mynydd Isa Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
How is the lease structured?
Its a good idea to find out as much as you can about the managing agents as they will either make your living at the property much easier or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to day to day matters like the tidiness of the communal areas. You should not be shy to ask other tenants what they think of their service. In conclusion, find out the dates that the service charges are due to the relevant party and precisely what you get for your money.
Does the lease include onerous restrictions?