Sample questions relating to Treuddyn leasehold conveyancing
I would like to sublet my leasehold apartment in Treuddyn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?
Even though your last Treuddyn conveyancing lawyer is no longer available you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you are obliged to seek consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of prior consent. Such consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.
Estate agents have just been given the go-ahead to market my ground floor flat in Treuddyn.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge demand – what should I do?
The sensible thing to do is discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Back In 2007, I bought a leasehold flat in Treuddyn. Conveyancing and Barnsley Building Society mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing solicitor in Treuddyn who acted for me is not around.Any advice?
The first thing you should do is contact the Land Registry to make sure that the individual purporting to own the freehold is indeed the new freeholder. You do not need to instruct a Treuddyn conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am tempted by the attractive purchase price for a couple of apartments in Treuddyn both have in the region of 50 years remaining on the leases. Will this present a problem?
There are plenty of short leases in Treuddyn. The lease is a legal document that entitles you to use the premises for a period of time. As a lease shortens the saleability of the lease deteriorate and it becomes more costly to extend the lease. This is why it is generally wise to increase the term of the lease. It is often difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease enfranchisement can be a protracted process. We advise that you seek professional help from a conveyancer and surveyor with experience in this arena
I am a negotiator for a long established estate agent office in Treuddyn where we have experienced a few leasehold sales jeopardised due to short leases. I have received contradictory information from local Treuddyn conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start 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 needs to be completed before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder 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.
Treuddyn Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
What is the the remaining lease term?
How many of the leaseholders are in arrears for their maintenance charge payments?
Be sure to discover if there is anything that is prohibited in the lease. For example plenty of leases prohibit pets being allowed in in a block in Treuddyn. If you like the flatin Treuddyn but your dog is not allowed to live with you then you have a very hard determination.