Experts for Leasehold Conveyancing in Pencoed

Whether you are buying or selling leasehold flat in Pencoed, our panel of leasehold conveyancing experts will help you move with as little stress as possible. Find a Pencoed conveyancing lawyer with our search tool

Pencoed leasehold conveyancing Example Support Desk Enquiries

I am intending to let out my leasehold flat in Pencoed. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your previous Pencoed conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the premises. The rule is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to obtain permission from your landlord or some other party in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent should not be unreasonably withheld. If the lease prohibits you from subletting the property you should ask your landlord for their consent.

I only have 72 years left on my lease in Pencoed. I need to get lease extension but my freeholder is can not be found. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to prove that you have made all reasonable attempts to find the freeholder. For most situations an enquiry agent should be useful to conduct investigations and to produce an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court covering Pencoed.

I’m about to sell my 2 bed apartment in Pencoed.Conveyancing is yet to be initiated but I have just had a quarterly maintenance charge invoice – Do I pay up?

The sensible thing to do is discharge the invoice 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. This will smooth the conveyancing process.

Back In 2000, I bought a leasehold flat in Pencoed. Conveyancing and Godiva Mortgages Ltd mortgage are in place. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Pencoed who acted for me is not around.Do I pay?

The first thing you should do is contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Pencoed conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Do you have any top tips for leasehold conveyancing in Pencoed from the perspective of speeding up the sale process?

  • Much of the delay in leasehold conveyancing in Pencoed can be reduced where you instruct lawyers the minute you market your property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
  • If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you installed wooden flooring? Pencoed leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such works. Should you dont have the consents in place do not contact the landlord without checking with your lawyer before hand.
  • Some Pencoed leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a property where a dispute is ongoing. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Organising a new share certificate can be a lengthy process and slows down many a Pencoed conveyancing transaction. Where a new share is needed, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.

  • Pencoed Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing

      Does the lease contain onerous restrictions? How many of the leaseholders are in arrears for their service charge payments? What is the length of the lease?

    Other Topics

    Lease Extensions in Pencoed