Fixed-fee leasehold conveyancing in Roath:

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Frequently asked questions relating to Roath leasehold conveyancing

I am in need of some leasehold conveyancing in Roath. Before diving in I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in Roath - 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.

I would like to rent out my leasehold flat in Roath. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Roath conveyancing solicitor is no longer available you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to obtain permission via your landlord or some other party prior to subletting. This means that you cannot sublet without prior permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I own a leasehold flat in Roath. Conveyancing and Bank of Ireland mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Roath who acted for me is not around.What should I do?

The first thing you should do is make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Roath conveyancing solicitor to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Can you provide any top tips for leasehold conveyancing in Roath with the aim of saving time on the sale process?

  • Much of the delay in leasehold conveyancing in Roath can be reduced if you get in touch lawyers the minute your agents start marketing the property and request that they start to put together the leasehold information needed by the purchasers’ lawyers.
  • The majority freeholders or Management Companies in Roath levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Roath.
  • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Roath state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such changes. Should you fail to have the approvals in place you should not communicate with the landlord without contacting your solicitor in the first instance.
  • If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a flat where a dispute is unsettled. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 better to reveal the dispute as over as opposed to unresolved.
  • If you have the benefit of shareholding in the freehold, you should ensure that you are holding the original share document. Organising a replacement share certificate can be a lengthy process and frustrates many a Roath conveyancing deal. If a new share certificate is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

  • All being well we will complete the sale of our £275000 apartment in Roath in six days. The management company has quoted £384 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Roath?

    Roath conveyancing on leasehold apartments more often than not requires the buyer’s lawyer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to assist. They are entitled invoice a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some situations it is above £800. The administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, without which the charge is technically not due. In reality you have no option but to pay whatever is requested of you if you want to complete the sale of your home.

    I bought a 1 bedroom flat in Roath, conveyancing having been completed 4 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Similar flats in Roath with over 90 years remaining are worth £259,000. The average or mid-range amount of ground rent is £65 invoiced every year. The lease comes to an end on 21st October 2078

    With only 56 years left to run the likely cost is going to span between £27,600 and £31,800 as well as costs.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. Do not use the figures in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Roath