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Frequently asked questions relating to Splott leasehold conveyancing

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Splott. I now wish to get lease extension but my freeholder is can not be found. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to locate the lessor. On the whole an enquiry agent should be helpful to try and locate and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court overseeing Splott.

Expecting to exchange soon on a basement flat in Splott. Conveyancing solicitors assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

  • Setting out your rights in respect of the communal areas in the block.By way of example, does the lease provide for a right of way over an accessway or staircase?
  • Does the lease prohibit wood flooring?
  • Ground rent - how much and when you need to pay, and also know whether this is subject to change
  • Whether your lease has a provision for a sinking fund?
  • Changes to the flat (alterations and additions)
  • 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.
  • What you can do if a neighbour is in violation of a provision in their lease? For a comprehensive list of information to be contained in your report on your leasehold property in Splott please enquire of your conveyancer in ahead of your conveyancing in Splott

    • My wife and I purchased a leasehold house in Splott. Conveyancing and Chelsea Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Splott who previously acted has now retired.What should I do?

    The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Splott conveyancing firm to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Do you have any advice for leasehold conveyancing in Splott with the purpose of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Splott can be bypassed where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers lawyers.
    • Many landlords or Management Companies in Splott charge for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack 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 frustration in leasehold conveyancing in Splott.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Splott leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such works. Where you fail to have the approvals in place you should not contact the landlord without checking with your solicitor first.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled before the property is marketed. The buyers and their solicitors will be concerned about purchasing a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve 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 purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a time consuming process and frustrates many a Splott conveyancing transaction. Where a new share is needed, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.

    • In relation to leasehold conveyancing in Splott what are the most common lease problems?

    There is nothing unique about leasehold conveyancing in Splott. All leases is drafted differently and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

    • Repairing obligations to or maintain parts of the premises
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Maintenance charge proportions which don’t add up to the correct percentage

    A defective lease will likely cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Chelsea Building Society, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the purchaser to withdraw.

    Splott Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing

      The majority of Splott leasehold apartments will be liable to pay a service charge for the upkeep of the block set on behalf of the freeholder. Should you acquire the flat you will have to pay this amount, normally in instalments during the year. This could be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge to be met annual, this is usually not a large amount, say around £25-£75 but you need to check as occasionally it could be many hundreds of pounds. In the main the cost for major works are not wrapped into the maintenance charges, although a few managing agents in Splott require leaseholders to pay into a reserve fund and this is used to offset against major works. The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees benefit from being in charge if their destiny and although a managing agent is frequently employed if it is larger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Splott