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Frequently asked questions relating to Tremeirchion leasehold conveyancing

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

A small minority of properties in Tremeirchion do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

I've found a house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have subsequently discovered that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Tremeirchion. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

Most houses in Tremeirchion are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Tremeirchion in which case you should be looking for a Tremeirchion conveyancing practitioner and check that they are used to advising on leasehold houses. First you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your solicitor will report to you on the legal implications.

I own a leasehold house in Tremeirchion. Conveyancing and Lloyds TSB Bank mortgage organised. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Tremeirchion who previously acted has long since retired.What should I do?

First make enquiries of HMLR to make sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Tremeirchion conveyancing firm to do this as it can be done on-line for £3. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Last month I purchased a leasehold property in Tremeirchion. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Tremeirchion with the aim of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Tremeirchion can be reduced if you appoint lawyers the minute your agents start marketing the property and ask them to collate the leasehold documentation which will be required by the buyers lawyers.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you laid down wooden flooring? Tremeirchion leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. If you fail to have the paperwork in place you should not communicate with the landlord without contacting your solicitor before hand.
  • A minority of Tremeirchion leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
  • If you have had any disputes with your freeholder or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is a current 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 prior to 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 reveal the dispute as historic rather than unresolved.
  • You may think that you are aware of the number of years left on your lease but you should verify this via your lawyers. A purchaser's conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • Leasehold Conveyancing in Tremeirchion - Sample of Questions you should ask Prior to Purchasing

      It is important to be aware if changing the roof or some other major work is pending to be shared between the leaseholders and will dramatically increase the the service charges or require a one time invoice. It would be prudent to discover as much as you can concerning the managing agents as they will either make your living at the property much easier or problematic. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents from a financial perspective and when it comes to every day matters such as the tidiness of the communal areas. Ask other people if they are happy with their service. On a final note, find out the dates that you are obliged pay the service charge to the relevant party and precisely what you get for your money. In the main the cost for major works tend not to be incorporated into the maintenance charges, although some managing agents in Tremeirchion ask tenants to contribute towards a sinking fund and this is used to offset against larger works.

    Other Topics

    Lease Extensions in Tremeirchion