Fixed-fee leasehold conveyancing in Snowdonia:

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Questions and Answers: Snowdonia leasehold conveyancing

I am on look out for some leasehold conveyancing in Snowdonia. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is recorded at the land registry - and most are in Snowdonia - then the leasehold title will always include the short particulars 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 am hoping to exchange soon on a studio apartment in Snowdonia. Conveyancing solicitors inform me that they report fully next week. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Snowdonia should include some of the following:

  • The length of the lease term You should be advised as what happens when the lease ends, and informed of the importance of not letting the lease term falling below eighty years
  • The physical extent of the demise. This will be the flat itself but may incorporate a roof space or cellar if applicable.
  • Setting out your legal entitlements in relation to common areas in the building.By way of example, does the lease contain a right of way over a path or staircase?
  • Are pets allowed in the flat?
  • Whether your lease has a provision for a reserve fund?
  • 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 For a comprehensive list of information to be included in your report on your leasehold property in Snowdonia please ask your conveyancer in ahead of your conveyancing in Snowdonia

    • I have just started marketing my garden apartment in Snowdonia.Conveyancing has not commenced but I have just had a quarterly service charge demand – Do I pay up?

    The sensible thing to do is pay 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. This will smooth the conveyancing process.

    Back In 2004, I bought a leasehold house in Snowdonia. Conveyancing and Nottingham Building Society mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Snowdonia who previously acted has now retired.Any advice?

    First contact HMLR to be sure that this person is indeed the new freeholder. It is not necessary to incur the fees of a Snowdonia conveyancing practitioner to do this as it can be done on-line for a few pound. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    Can you provide any advice for leasehold conveyancing in Snowdonia with the intention of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Snowdonia can be avoided if you instruct lawyers as soon as your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers conveyancers.
    • The majority freeholders or Management Companies in Snowdonia charge for providing management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Snowdonia.
  • If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in Snowdonia state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Should you dont have the consents in place you should not contact the landlord without contacting your conveyancer in the first instance.
  • A minority of Snowdonia leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to ongoing.

    • Leasehold Conveyancing in Snowdonia - Examples of Queries Prior to Purchasing

      Plenty Snowdonia leasehold flats will incur a service charge for maintenance of the building invoiced by the management company. Should you buy the flat you will have to meet this contribution, usually quarterly accross the year. This could vary from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent to be met yearly, normally this is not a significant amount, say around £50-£100 but you need to check it because on occasion it could be many hundreds of pounds. How long is the Lease? How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Snowdonia