I would like to let out my leasehold apartment in Welshpool. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

A small minority of properties in Welshpool do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold 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 consent.

Having checked my lease I have discovered that there are only 62 years unexpired on my flat in Welshpool. I now want to get lease extension but my landlord is missing. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to track down the lessor. On the whole an enquiry agent may be useful to try and locate and to produce an expert document to be accepted by the court as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s disappearance and the application to the County Court overseeing Welshpool.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Welshpool. Conveyancing lawyers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Welshpool ?

The majority of houses in Welshpool are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can assist with the conveyancing process. We note that you are buying in Welshpool so you should seriously consider shopping around for a Welshpool conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a tenant 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 changes to the property. You may also be required to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold house in Welshpool. Conveyancing and Virgin Money mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing solicitor in Welshpool who acted for me is not around.Any advice?

First contact the Land Registry to be sure that this person is in fact the new freeholder. There is no need to incur the fees of a Welshpool conveyancing solicitor to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am employed by a busy estate agency in Welshpool where we see a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Welshpool conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension formalities for the buyer?

As long as 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 buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, 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.

Leasehold Conveyancing in Welshpool - Sample of Questions you should consider before Purchasing

The answer will be important as a) areas could cause problems in the block as the communal areas may begin to deteriorate where services remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to know about it Does the lease have in excess of 80 years unexpired? Please note if it is less than 80 years it will affect the marketability of the apartment. Check with your lender that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease at some point and it is worth finding out what this will be. For most Welshpoollease extensions you would be required to have owned the residence for a couple of years before you are entitled to carry out a lease extension.

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Lease Extensions in Welshpool