Having had my offer accepted I require leasehold conveyancing in Roath Park. Before I get started I require certainty as to the unexpired term of the lease.

If the lease is registered - and 99.9% are in Roath Park - 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 own a leasehold flat in Roath Park. Conveyancing and Bank of Ireland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Roath Park who acted for me is not around.Do I pay?

First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the new freeholder. It is not necessary to incur the fees of a Roath Park conveyancing solicitor to do this as it can be done on-line for less than a fiver. You should note 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.

I am employed by a reputable estate agent office in Roath Park where we have witnessed a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Roath Park conveyancing firms. Can you shed some light as to whether the seller of a flat can commence the lease extension process for the buyer?

As long as the seller has owned the lease 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 buyer can avoid having 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.

An alternative approach is 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.

Can you offer any advice when it comes to finding a Roath Park conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Roath Park conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Roath Park conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• How familiar is the firm with lease extension legislation?

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £150000 flat in Roath Park on Wednesday in a week. The management company has quoted £336 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Roath Park?

Roath Park conveyancing on leasehold maisonettes usually requires the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is under no legal obligation to respond to such questions most will be willing to assist. They are at liberty levy a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is over three hundred pounds, in some situations it is in excess of £800. The administration charge levied by the landlord must be accompanied by a synopsis of rights and obligations in relation to administration fees, otherwise the charge is not strictly payable. Reality however dictates that one has no option but to pay whatever is demanded should you wish to exchange contracts with the buyer.

Roath Park Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying

Be sure to find out if the the lease contains any adverse restrictions in the lease. For instance it is reasonably common in Roath Park leases that pets are not allowed in in a block in Roath Park. If you like the apartmentin Roath Park but your cat is not allowed to move with you then you have a very difficult decision. In the main the outlay for major works tend not to be included within maintenance charges, albeit that some managing agents in Roath Park obliged leasehold owners to pay into a reserve fund created for the specific purpose of building a fund for larger repairs or maintenance. You should be aware if it is fewer than eighty years it will impact the marketability of the apartment. It is worth checking with your lender that they are happy with residual term of the lease. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth discovering what this will be. For most Roath Parklease extensions you will need to own the property for 24 months in order to be legally able to extend the lease.

Other Topics

Lease Extensions in Roath Park