My husband and I may need to let out our Tregaron ground floor flat for a while due to a new job. We used a Tregaron conveyancing practice in 2001 but they have since shut and we did not have the foresight to seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

A lease dictates relations between the freeholder and you the leaseholder; in particular, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Tregaron do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. In most cases there is a basic requirement that the owner notifies the freeholder, possibly sending a copy of the sublease.

I am attracted to a couple of apartments in Tregaron which have in the region of forty five years left on the leases. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the marketability of the lease reduces and results in it becoming more expensive to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you seek professional assistance from a conveyancer and surveyor with experience in this arena

What advice can you give us when it comes to finding a Tregaron conveyancing firm to deal with our lease extension?

When appointing a solicitor for your lease extension (regardless if they are a Tregaron conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Tregaron conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be helpful:

• How experienced is the practice with lease extension legislation?

Can they put you in touch with client in Tregaron who can give a testimonial?

Do you have any top tips for leasehold conveyancing in Tregaron from the point of view of expediting the sale process?

• Much of the frustration in leasehold conveyancing in Tregaron can be reduced where you instruct lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ representatives.
• The majority landlords or Management Companies in Tregaron charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management pack sought on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Tregaron.

If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Tregaron state that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such works. If you fail to have the consents in place do not contact the landlord without contacting your conveyancer first.

If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be nervous about purchasing a property where a dispute is unsettled. 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 ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled.

If you hold a share in a the Management Company, you should make sure that you have the original share certificate. Obtaining a replacement share certificate can be a time consuming process and frustrates many a Tregaron conveyancing transaction. If a new share certificate is necessary, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.

All being well we will complete our sale of a £300000 flat in Tregaron next week. The managing agents has quoted £396 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Tregaron?

Tregaron conveyancing on leasehold flats typically results in administration charges levied by landlords agents :

• Answering conveyancing due diligence questions
• Where consent is required before sale in Tregaron
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Tregaron leasehold property is £350. For Tregaron conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide the information.

I own a split level flat in Tregaron, conveyancing was carried out 9 years ago. How much will my lease extension cost? Equivalent properties in Tregaron with a long lease are worth £260,000. The average or mid-range amount of ground rent is £45 per annum. The lease terminates on 21st October 2081

You have 60 years left to run the likely cost is going to range between £19,000 and £22,000 plus legals.

The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs in the absence of comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information without first seeking the advice of a professional.

Other Topics

Lease Extensions in Tregaron