Recently asked questions relating to Tal y bont leasehold conveyancing
Having checked my lease I have discovered that there are only 68 years left on my flat in Tal y bont. I now wish to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have made all reasonable attempts to locate the lessor. For most situations an enquiry agent may be helpful to conduct investigations and prepare an expert document which can be used as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the application to the County Court overseeing Tal y bont.
Looking forward to exchange soon on a studio apartment in Tal y bont. Conveyancing solicitors inform me that they are sending me a report within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Tal y bont should include some of the following:
- You should receive a copy of the lease
Back In 2003, I bought a leasehold flat in Tal y bont. Conveyancing and Aldermore mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Tal y bont who previously acted has now retired.What should I do?
The first thing you should do is make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Tal y bont conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to finding a Tal y bont conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Tal y bont conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Tal y bont conveyancing practices before you instructing a firm. If the firm 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?
What makes a Tal y bont lease problematic?
There is nothing unique about leasehold conveyancing in Tal y bont. All leases are unique and drafting errors can result in certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain parts of the premises
- Insurance obligations
- 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 can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. National Westminster Bank, Coventry Building Society, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, obliging the buyer to pull out.
Leasehold Conveyancing in Tal y bont - A selection of Questions you should ask Prior to buying
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This question is useful as a) areas may cause problems for the building as the communal areas may begin to deteriorate if repairs are not paid for b) if the tenants have an issue with the managing agents you will want to know about it
How much is the annual maintenance fee and ground rent?
On the whole the cost for major works tend not to be included within maintenance charges, although a few managing agents in Tal y bont ask leasehold owners to contribute towards a sinking fund and this is used to offset against major repairs or maintenance.
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