Leasehold Conveyancing in Pentyrch - Get a Quote from the leasehold experts approved by your lender

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Frequently asked questions relating to Pentyrch leasehold conveyancing

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

A small minority of properties in Pentyrch 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 suggests 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 72 years left on my flat in Pentyrch. I am keen to get lease extension but my landlord is absent. What should I do?

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 extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to track down the landlord. In some cases an enquiry agent should be helpful to carry out a search and prepare a report to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Pentyrch.

I own a leasehold house in Pentyrch. Conveyancing and Virgin Money mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing solicitor in Pentyrch who acted for me is not around.Do I pay?

First contact the Land Registry to make sure that this person is indeed the new freeholder. There is no need to incur the fees of a Pentyrch conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a busy estate agent office in Pentyrch where we see a number of leasehold sales put at risk as a result of short leases. I have received inconsistent advice from local Pentyrch conveyancing solicitors. Could you clarify whether the owner of a flat can start the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

We expect to complete our sale of a £250000 apartment in Pentyrch next Wednesday . The landlords agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Pentyrch?

Pentyrch conveyancing on leasehold flats usually necessitates administration charges invoiced by managing agents :

  • Completing conveyancing due diligence questions
  • Where consent is required before sale in Pentyrch
  • 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Pentyrch leasehold premises is £350. For Pentyrch 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 provide the information.

Leasehold Conveyancing in Pentyrch - Examples of Queries before buying

    In the main the cost for major works tend not to be built into the service charges, albeit that there some managing agents in Pentyrch obliged leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for major repairs or maintenance. The best form of lease arrangement is if the freehold reversion is owned by the leaseholders. In this situation the tenants have being in charge if their destiny and even though a managing agent is often retained where it is larger than a house conversion, the managing agent acts for the leaseholders themselves. Best to be warned if redecorating or some other significant cost is due shortly that will be shared between the leasehold owners and will materially impact the level of the service fees or require a one time invoice.

Other Topics

Lease Extensions in Pentyrch