Frank (my husband) and I may need to sub-let our Rumney basement flat for a while due to taking a sabbatical. We used a Rumney conveyancing firm in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Even though your previous Rumney conveyancing lawyer is no longer around you can review your lease to check if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or some other party before subletting. This means you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably turned down. 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've found a house that seems to be perfect, at a reasonable price which is making it all the more appealing. I have just been informed that it's a leasehold as opposed to freehold. I would have thought that there are issues buying a leasehold house in Rumney. Conveyancing advisers have not yet been instructed. Will my lawyers set out the risks of buying a leasehold house in Rumney ?

The majority of houses in Rumney are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. it is apparent that you are buying in Rumney in which case you should be looking for a Rumney conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’sconsent to conduct alterations. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your lawyer will appraise you on the various issues.

I am tempted by the attractive purchase price for a couple of flats in Rumney which have in the region of 50 years unexpired on the lease term. Do I need to be concerned?

There are plenty of short leases in Rumney. The lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the saleability of the lease reduces and results in it becoming more costly to extend the lease. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficult to sell a property with a short lease because mortgage companies may be unwilling to lend money on properties of this type. Lease extension can be a protracted process. We advise that you seek professional help from a solicitor and surveyor with experience in this arena

Last month I purchased a leasehold house in Rumney. Do I have any liability for service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

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

If you are instructing a property lawyer for lease extension works (regardless if they are a Rumney conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Rumney conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

• If the firm is not ALEP accredited then what is the reason?

Rumney Leasehold Conveyancing - Examples of Queries Prior to buying

Are any of leasehold owners in dispute over their service charge liability? You should be aware if it is less than eighty years it will impact the value of the flat. It is worth checking with your mortgage company that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will probably require a lease extension at some point and you need to have some idea of what this will be. For most Rumneylease extensions you will be required to have owned the premises for two years in order to be eligible to extend the lease. It would be wise to investigate if there are any onerous restrictions in the lease. For instance it is fairly common in Rumney leases that pets are not permitted in certain buildings in Rumney. If you love the propertyin Rumney but your cat can’t make the move with you then you will be faced difficult decision.

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Lease Extensions in Rumney