I am on look out for some leasehold conveyancing in Treharris. Before I set the wheels in motion I would like to find out the number of years remaining on the lease.

If the lease is registered - and most are in Treharris - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I want to let out my leasehold flat in Treharris. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Notwithstanding that your previous Treharris conveyancing solicitor is no longer available you can review your lease to see if it allows you to sublet the premises. The accepted inference is that if the lease is silent, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without first obtaining permission. Such consent should not be unreasonably withheld. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I have recently realised that I have Fifty years remaining on my flat in Treharris. I now want to get lease extension but my landlord 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 Court. You will be obliged to demonstrate that you have done all that could be expected to locate the freeholder. For most situations an enquiry agent should be useful to conduct investigations and to produce a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Treharris.

Expecting to exchange soon on a basement flat in Treharris. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?

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

• The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark

I am employed by a reputable estate agency in Treharris where we have witnessed a number of flat sales derailed due to short leases. I have been given contradictory information from local Treharris conveyancing firms. Please can you clarify whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed 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.

I bought a 2 bed flat in Treharris, conveyancing was carried out 3 years ago. Can you work out an approximate cost of a lease extension? Equivalent properties in Treharris with an extended lease are worth £242,000. The average or mid-range amount of ground rent is £45 levied per year. The lease comes to an end on 21st October 2101

With only 76 years left to run the likely cost is going to be between £9,500 and £11,000 plus legals.

The figure above a general guide to costs for extending a lease, but we are not able to advice on the actual costs in the absence of detailed due diligence. Do not use the figures in tribunal or court proceedings. There may be other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.

Other Topics

Lease Extensions in Treharris