Fixed-fee leasehold conveyancing in Solva:

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Questions and Answers: Solva leasehold conveyancing

I wish to rent out my leasehold flat in Solva. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in Solva do contain a provision to say that subletting is only allowed with permission. 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 have recently realised that I have 72 years remaining on my flat in Solva. I need to get lease extension but my freeholder is missing. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the lessor. In some cases a specialist should be useful to carry out a search and to produce an expert document which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Solva.

Expecting to complete next month on a basement flat in Solva. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

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

  • How long the lease is You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Does the lease prevent you from renting out the flat, or having a home office for business
  • You should be told what counts as a Nuisance in the lease
  • Changes to the flat (alterations and additions)
  • 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 options are open to you if a neighbour is in violation of a provision in their lease?
  • 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 Solva please enquire of your conveyancer in advance of your conveyancing in Solva

    • What are your top tips when it comes to appointing a Solva conveyancing firm to deal with our lease extension?

    If you are instructing a conveyancer for lease extension works (regardless if they are a Solva conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Solva 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 useful:

    • If the firm is not ALEP accredited then why not?
  • Can they put you in touch with client in Solva who can give a testimonial?

    • Can you provide any top tips for leasehold conveyancing in Solva with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Solva can be bypassed where you instruct lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the purchasers’ representatives.
    • In the event that you altered the property did you need the Landlord’s permission? In particular have you installed wooden flooring? Most leases in Solva state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you fail to have the consents in place do not communicate with the landlord without checking with your solicitor in the first instance.
  • Some Solva leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 purchasers or their lawyers.
  • If there is a history of any disputes with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate can be a time consuming formality and delays many a Solva conveyancing transaction. If a duplicate share is needed, you should approach the company officers or managing agents (if applicable) for this at the earliest opportunity.

    • Leasehold Conveyancing in Solva - Examples of Questions you should consider Prior to Purchasing

      This information is important as a) areas may cause problems for the building as the communal areas may start to deteriorate where maintenance are not paid for b) if the tenants have an issue with the running of the building you will want to know about it Does the lease have more than 90 years unexpired? In the main the cost for major works tend not to be included within maintenance charges, albeit that some managing agents in Solva require tenants to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.

    Other Topics

    Lease Extensions in Solva