Examples of recent questions relating to leasehold conveyancing in Radyr
I am on look out for some leasehold conveyancing in Radyr. Before diving in I require certainty as to the remaining lease term.
Assuming the lease is registered - and 99.9% are in Radyr - then the leasehold title will always include the short particulars 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.
My partner and I may need to let out our Radyr ground floor flat for a while due to a career opportunity. We used a Radyr conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
A small minority of properties in Radyr do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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've recently bought a leasehold flat in Radyr. Am I liable to pay service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
What advice can you give us when it comes to choosing a Radyr conveyancing firm to deal with our lease extension?
If you are instructing a solicitor for your lease extension (regardless if they are a Radyr conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Radyr conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be helpful:
- If they are not ALEP accredited then what is the reason?
Completion in due on the disposal of our £425000 maisonette in Radyr next Thursday . The managing agents has quoted £384 for Landlord’s certificate, building insurance schedule and previous years statements of service charge. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Radyr?
Radyr conveyancing on leasehold apartments more often than not necessitates the purchaser’s lawyer sending questions for the landlord to answer. Although the landlord is not legally bound to answer such questions most will be content to do so. They are at liberty levy a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some situations it is in excess of £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration fees, otherwise the charge is technically not due. In reality you have no option but to pay whatever is demanded should you wish to complete the sale of your home.
Leasehold Conveyancing in Radyr - A selection of Questions you should ask before buying
Best to be warned if window replacement or some other significant cost is pending that will be shared amongst the tenants and will materially increase the the service fees or result in a specific payment.
How many of the leaseholders are in arrears for their maintenance charge payments?
On the whole the cost for major works are not wrapped into the maintenance charges, albeit that a few managing agents in Radyr ask leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.