Having had my offer accepted I require leasehold conveyancing in Roath Park. Before diving in I want to be sure as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and most 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.

My fiance and I may need to rent out our Roath Park ground floor flat for a while due to a career opportunity. We instructed a Roath Park conveyancing practice in 2002 but they have closed and we did not have the foresight to get any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Roath Park do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see 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 today plan to offer on a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have since been informed that the title is leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Roath Park. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Roath Park ?

The majority of houses in Roath Park are freehold rather than 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 Roath Park in which case you should be shopping around for a Roath Park conveyancing solicitor and check that they are used to dealing with leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will advise you fully on all the issues.

My wife and I purchased a leasehold house in Roath Park. Conveyancing and Virgin Money mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing solicitor in Roath Park who acted for me is not around.Any advice?

The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Roath Park conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a busy estate agency in Roath Park where we have witnessed a few flat sales put at risk due to short leases. I have received inconsistent advice from local Roath Park conveyancing firms. Can you confirm whether the owner of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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.

Roath Park Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

Are any of leasehold owners in arrears of their service charge liability? Its a good idea to find out as much as you can concerning the managing agents as they will either make living at the property much easier or much more difficult. Being a leasehold owner you are frequently at the mercy of the managing agents both financially and when it comes to day to day issues like the tidiness of the communal areas. Ask other people what they think of them. On a final note, be sure you know the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. The prefered form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this scenario the lessees benefit from being in charge if their destiny and even though a managing agent is frequently retained where the building is larger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Roath Park