Leasehold Conveyancing in St Mellons - Get a Quote from the leasehold experts approved by your lender

Get a Quote

While any conveyancing practice can theoretically handle your leasehold conveyancing in St Mellons, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Questions and Answers: St Mellons leasehold conveyancing

Frank (my husband) and I may need to rent out our St Mellons 1st floor flat temporarily due to a career opportunity. We instructed a St Mellons conveyancing firm in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

The lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in St Mellons do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.

Expecting to exchange soon on a garden flat in St Mellons. Conveyancing solicitors inform me that they will have a report out to me on Monday. What should I be looking out for?

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

  • You should receive a copy of the lease
  • The total extent of the premises. This will be the flat itself but might include a loft or basement if applicable.
  • Changes to the flat (alterations and additions)
  • 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 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
  • Responsibility for repairing the window frames
  • What you can do if a neighbour breach a clause of their lease? For a comprehensive list of information to be included in your report on your leasehold property in St Mellons please enquire of your conveyancer in advance of your conveyancing in St Mellons

    • Estate agents have just been given the go-ahead to market my 2 bed flat in St Mellons.Conveyancing solicitors are to be appointed soon but I have just received a yearly service charge demand – should I leave it to the buyer to sort out?

    The sensible thing to do is discharge the service charge 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 managing agents 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.

    My wife and I purchased a leasehold flat in St Mellons. Conveyancing and Leeds Building Society mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in St Mellons who acted for me is not around.Any advice?

    First make enquiries of HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to incur the fees of a St Mellons conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you provide any advice for leasehold conveyancing in St Mellons with the intention of speeding up the sale process?

    • Much of the frustration in leasehold conveyancing in St Mellons can be bypassed if you appoint lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold documentation which will be required by the buyers solicitors.
    • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? St Mellons leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence from the Landlord consenting to such changes. Where you fail to have the paperwork to hand do not communicate with the landlord without checking with your solicitor in the first instance.
  • A minority of St Mellons leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should notify your estate agents to make sure that the purchasers obtain bank and professional references. Any 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or settle 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 will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic as opposed to ongoing.
  • If you have the benefit of shareholding in the freehold, you should ensure that you have the original share certificate. Obtaining a new share certificate is often a lengthy process and frustrates many a St Mellons home move. If a duplicate share is necessary, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

    • St Mellons Leasehold Conveyancing - A selection of Queries Prior to Purchasing

      Who is in charge of the building? What prohibitions are there in the St Mellons Lease? Its a good idea to find out as much as possible about the company managing the block as they will either make living at the property much easier or a lot more difficult. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to every day issues like the tidiness of the common parts. Ask other tenants if they are happy with their management. In conclusion, be sure you discover the dates that you are obliged pay the maintenance charge to the relevant party and precisely what it includes.

    Other Topics

    Lease Extensions in St Mellons