Common questions relating to Pencoed leasehold conveyancing
My fiance and I may need to rent out our Pencoed 1st floor flat for a while due to a career opportunity. We used a Pencoed conveyancing practice in 2002 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 Pencoed conveyancing solicitor is not available you can check your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek consent from your landlord or other appropriate person before subletting. This means you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably turned down. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.
I only have Seventy years left on my lease in Pencoed. I need to extend my lease but my landlord is can not be found. What are my options?
On the basis that 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 granted an extra 90 years by the Court. However, you will be required to demonstrate that you have done all that could be expected to find the freeholder. On the whole a specialist may be helpful to conduct investigations and to produce an expert document to be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court overseeing Pencoed.
Looking forward to exchange soon on a basement flat in Pencoed. Conveyancing lawyers inform me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Pencoed should include some of the following:
- Does the lease prevent you from letting out the property, or having a home office for business
I've found a house that appears to meet my requirements, at a great price which is making it all the more appealing. I have subsequently discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a leasehold house in Pencoed. Conveyancing solicitors have not yet been appointed. Will they explain the issues?
The majority of houses in Pencoed are freehold rather than leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. It is clear that you are buying in Pencoed in which case you should be looking for a Pencoed conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the maintenance of the communal areas where the property is part of an estate. Your conveyancer should appraise you on the various issues.
What advice can you give us when it comes to finding a Pencoed conveyancing firm to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Pencoed conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Pencoed conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:
- If they are not ALEP accredited then why not?
Leasehold Conveyancing in Pencoed - Sample of Questions you should ask Prior to Purchasing
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The answer will be important as a) areas may cause problems in the building as the communal areas may start to deteriorate if maintenance are not paid for b) if the leasehold owners have a dispute with the running of the building you will wish to have full disclosure
Please inform me if there are any major works in the planning that will likely increase the maintenance fees?
Best to be warned whether fixing the lift or some other major work is pending that will be shared amongst the tenants and will dramatically impact the level of the service costs or result in a specific payment.
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