Examples of recent questions relating to leasehold conveyancing in Rhiwbina
I am in need of some leasehold conveyancing in Rhiwbina. Before I get started I would like to find out the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and almost all are in Rhiwbina - 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.
I have recently realised that I have Fifty years remaining on my flat in Rhiwbina. I need to get lease extension but my landlord is can not be found. What should I do?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. 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 an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Rhiwbina.
I today plan to offer on a house that seems to be perfect, at a great figure which is making it more attractive. I have since discovered that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Rhiwbina. Conveyancing lawyers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Rhiwbina ?
Most houses in Rhiwbina are freehold and not leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Rhiwbina so you should seriously consider shopping around for a Rhiwbina conveyancing solicitor and check that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor will appraise you on the various issues.
I work for a reputable estate agent office in Rhiwbina where we have witnessed a few flat sales derailed as a result of short leases. I have been given inconsistent advice from local Rhiwbina conveyancing solicitors. Please can you shed some light as to whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that 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 need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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.
In relation to leasehold conveyancing in Rhiwbina what are the most frequent lease defects?
There is nothing unique about leasehold conveyancing in Rhiwbina. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain elements of the building
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Maintenance charge proportions which don’t add up to the correct percentage
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Lloyds TSB Bank, The Royal Bank of Scotland, and Platform Home Loans Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, forcing the purchaser to pull out.
Rhiwbina Conveyancing for Leasehold Flats - A selection of Queries before buying
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The answer will be helpful as a) areas may result in problems for the block as the common areas may begin to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to have complete disclosure
The majority of Rhiwbina leasehold properties will incur a service bill for maintenance of the building set on behalf of the landlord. Should you buy the flat you will have to pay this charge, usually in instalments throughout the year. This may be anything from two or three hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. There will also be a ground rent for you to pay yearly, ordinarily this is not a exorbitant sum, say approximately £25-£75 but you need to check it because on occasion it could be many hundreds of pounds.
It would be wise to find out if there are any onerous prohibitions in the lease. For instance it is reasonably common in Rhiwbina leases that pets are not permitted in certain buildings in Rhiwbina. If you love the propertyin Rhiwbina however your cat can’t move with you then you have a very difficult compromise.
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