Having had my offer accepted I require leasehold conveyancing in Pentwyn. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Pentwyn - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Planning to exchange soon on a leasehold property in Pentwyn. Conveyancing solicitors assured me that they are sending me a report on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Pentwyn should include some of the following:

• The physical extent of the premises. This will be the flat itself but may include a loft or basement if applicable.

You should be told what counts as a Nuisance in the lease

Whether your lease has a provision for a sinking fund?

Repair and maintenance of the flat

I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required

Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?

What options are open to you if a neighbour breach a clause of their lease? For details of the information to be contained in your report on your leasehold property in Pentwyn please ask your solicitor in advance of your conveyancing in Pentwyn

I've found a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a leasehold house in Pentwyn. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Pentwyn ?

Most houses in Pentwyn are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are buying in Pentwyn in which case you should be looking for a Pentwyn conveyancing solicitor and be sure that they are used to dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a service charge towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will advise you fully on all the issues.

Can you provide any advice for leasehold conveyancing in Pentwyn with the aim of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Pentwyn can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation which will be required by the purchasers’ lawyers.
• Many landlords or Management Companies in Pentwyn levy fees for providing management packs for a leasehold property. You or your lawyers should find out the actual amount of the charges. 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 delay in leasehold conveyancing in Pentwyn.

In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Pentwyn state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the approvals in place do not communicate with the landlord without checking with your lawyer in advance.

A minority of Pentwyn leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is 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 essential that these are settled before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic rather than ongoing.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £325000 flat in Pentwyn in just under a week. The management company has quoted £384 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Pentwyn?

Pentwyn conveyancing on leasehold maisonettes normally necessitates fees being raised by managing agents :

• Answering pre-contract questions
• Where consent is required before sale in Pentwyn
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Pentwyn leasehold premises is £350. For Pentwyn 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 supply the information.

Pentwyn Leasehold Conveyancing - Sample of Queries Prior to buying

Who are the managing agents? You will want to discover as much as you can regarding the company managing the building as they will affect your use and enjoyment of the property. Being a leasehold owner you will be in the clutches of the managing agents from a financial perspective and when it comes to day to day issues like the upkeep of the communal areas. Don't be afraid to ask other people if they are happy with them. On a final note, investigate as to the dates that you are obliged pay the service charge to the managing agents and specifically what you get for your money. Where a Pentwyn lease has no more than 80 years it will have adverse implications on the value of the apartment. Check 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 almost definitely require a lease extension at some point and you need to have some idea of how much this would cost. For most Pentwynlease extensions you will be be obliged to have owned the residence for two years in order to be legally able to carry out a lease extension.

Other Topics

Lease Extensions in Pentwyn