Guaranteed fixed fees for Leasehold Conveyancing in Pentyrch

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When it comes to leasehold conveyancing in Pentyrch, you will need to appoint a conveyancing solicitor with leasehold experience. Whether your lender is to be Santander, Birmingham Midshires or NatWest be sure to choose a lawyer on their approved list. Find a Pentyrch conveyancing lawyer with our search tool

Sample questions relating to Pentyrch leasehold conveyancing

I’m about to sell my 2 bed apartment in Pentyrch.Conveyancing solicitors are to be appointed soon but I have just received a half-yearly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should clear 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 unless 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.

I today plan to offer on a house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I am assuming that there are issues purchasing a house with a leasehold title in Pentyrch. Conveyancing solicitors have not yet been appointed. Will they explain the issues?

The majority of houses in Pentyrch are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Pentyrch in which case you should be shopping around for a Pentyrch conveyancing solicitor and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to carry out alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your lawyer should appraise you on the various issues.

I am employed by a busy estate agency in Pentyrch where we have witnessed a number of flat sales jeopardised due to short leases. I have been given conflicting advice from local Pentyrch conveyancing solicitors. Could you confirm whether the seller of a flat can commence the lease extension process for the buyer?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

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.

Do you have any advice for leasehold conveyancing in Pentyrch from the point of view of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Pentyrch can be reduced if you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ representatives.
  • Many landlords or Management Companies in Pentyrch levy fees for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Pentyrch.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Pentyrch leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such works. If you dont have the paperwork in place do not communicate with the landlord without contacting your solicitor in advance.
  • Some Pentyrch leases require Licence to Assign from the landlord. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet 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.
  • You may think that you are aware of the number of years remaining on your lease but you should verify this by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the lease term is under 75 years. In the circumstances it is important at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Are there frequently found deficiencies that you come across in leases for Pentyrch properties?

    There is nothing unique about leasehold conveyancing in Pentyrch. Most leases are unique and legal mistakes in the legal wording can result in certain clauses are missing. For example, if your lease is missing any of the following, it could be defective:

    • A provision to repair to or maintain elements of the building
    • A duty to insure the building
    • A provision for the recovery of money spent for the benefit of another party.
    • Maintenance charge proportions which don’t add up to the correct percentage

    You could encounter a problem when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , Chelsea Building Society, and Platform Home Loans Ltd all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

    Pentyrch Leasehold Conveyancing - Examples of Queries Prior to buying

      For most Pentyrch leaseholds the cost for major works are not wrapped into the maintenance charges, albeit that some managing agents in Pentyrch ask tenants to pay into a reserve fund created for the specific intention of establishing a fund for major works. The majority of Pentyrch leasehold properties will incur a service charge for maintenance of the block invoiced on behalf of the freeholder. Should you purchase the property you will have to meet this liability, normally periodically during the year. This may vary from several hundred pounds to thousands of pounds for blocks with lifts and large communal areas. There will also be a rentcharge to be met yearly, this is usually not a large sum, say around £25-£75 but you need to enquire as on occasion it can be many hundreds of pounds. Does the lease contain onerous restrictions?

    Other Topics

    Lease Extensions in Pentyrch