I wish to sublet my leasehold apartment in Tongwynlais. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

The lease governs relations between the landlord and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Tongwynlais do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a duplicate of the tenancy agreement.

Having checked my lease I have discovered that there are only Seventy years left on my lease in Tongwynlais. I need to get lease extension but my landlord is absent. What are my options?

If 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. You will be obliged to demonstrate that you have made all reasonable attempts to locate the freeholder. On the whole a specialist may be useful to try and locate and to produce an expert document which can be accepted by the court as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the application to the County Court overseeing Tongwynlais.

I've found a house that seems to be perfect, at a reasonable figure which is making it more attractive. I have subsequently found out that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Tongwynlais. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Tongwynlais ?

The majority of houses in Tongwynlais are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are buying in Tongwynlais so you should seriously consider shopping around for a Tongwynlais conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

My wife and I purchased a leasehold house in Tongwynlais. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Tongwynlais who acted for me is not around.Any advice?

First contact the Land Registry to be sure that this person is indeed the new freeholder. There is no need to incur the fees of a Tongwynlais conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. You should note that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am a negotiator for a long established estate agency in Tongwynlais where we have experienced a number of flat sales derailed as a result of short leases. I have received contradictory information from local Tongwynlais conveyancing solicitors. Can you shed some light as to whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Tongwynlais Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

Who manages the block? On the whole the outlay for major works tend not to be incorporated into the maintenance charges, albeit that there some managing agents in Tongwynlais obliged tenants to contribute towards a sinking fund and this is used to offset against larger works. The answer will be important as a) areas may cause problems for the block as the common areas may start to deteriorate if repairs are not paid for b) if the leasehold owners have a dispute with the running of the building you will wish to have all the details

Other Topics

Lease Extensions in Tongwynlais