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Frequently asked questions relating to Rowen leasehold conveyancing

Frank (my husband) and I may need to rent out our Rowen basement flat for a while due to taking a sabbatical. We used a Rowen conveyancing practice in 2003 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Rowen 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 see references. Experience dictates 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.

Due to complete next month on a ground floor flat in Rowen. Conveyancing solicitors assured me that they report fully within the next couple of days. What should I be looking out for?

Your report on title for your leasehold conveyancing in Rowen should include some of the following:

  • Defining your rights in relation to common areas in the block.For instance, does the lease include a right of way over an accessway or hallways?
  • Whether your lease has a provision for a reserve fund?
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
  • What the implications are if you breach a clause of your lease? For details of the information to be contained in your report on your leasehold property in Rowen please enquire of your solicitor in ahead of your conveyancing in Rowen

    • Estate agents have just been given the go-ahead to market my garden apartment in Rowen.Conveyancing has not commenced but I have just had a quarterly service charge invoice – Do I pay up?

    Your conveyancing lawyer is likely to suggest that you should discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

    I am tempted by the attractive purchase price for a couple of flats in Rowen both have about fifty years remaining on the lease term. Should I regard a short lease as a deal breaker?

    There are plenty of short leases in Rowen. The lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease decreases and results in it becoming more expensive to acquire a lease extension. For this reason it is advisable to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

    What advice can you give us when it comes to appointing a Rowen conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Rowen conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Rowen conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:

    • How familiar is the practice with lease extension legislation?
  • What are the charges for lease extension work?

    • Rowen Leasehold Conveyancing - Examples of Questions you should consider before Purchasing

      Are any of leasehold owners in arrears of their service charge payments? The majority of Rowen leasehold apartments will have a service charge for the upkeep of the block levied by the landlord. If you purchase the property you will have to meet this liability, normally in instalments accross the year. This may differ from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a rentcharge for you to pay annual, normally this is not a exorbitant amount, say about £25-£75 but you need to check it because on occasion it can be prohibitively expensive. The prefered form of lease structure is where the freehold title is owned by the leaseholders. In this scenario the tenants have control and although a managing agent is frequently employed where it is larger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Rowen