Fixed-fee leasehold conveyancing in Whitland:

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Recently asked questions relating to Whitland leasehold conveyancing

I've found a house that seems to be perfect, at a great price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Whitland. Conveyancing advisers have are about to be appointed. Will they explain the issues?

The majority of houses in Whitland are freehold and not 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 Whitland so you should seriously consider shopping around for a Whitland conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the house is part of an estate. Your lawyer will advise you fully on all the issues.

I own a leasehold house in Whitland. Conveyancing and Platform Home Loans Ltd mortgage are in place. I have received a letter from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1995. The conveyancing practitioner in Whitland who previously acted has now retired.Do I pay?

First make enquiries of HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Whitland conveyancing lawyer 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 rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am looking at a two apartments in Whitland both have approximately 50 years left on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Whitland. The lease is a right to use the premises for a period of time. As the lease gets shorter the saleability of the lease reduces and it becomes 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 lenders less inclined to grant a loan on such properties. Lease extension can be a protracted process. We recommend you seek professional help from a conveyancer and surveyor with experience in this area

I've recently bought a leasehold flat in Whitland. Am I liable to pay service charges for periods before completion of my purchase?

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. Strange as it may seem, 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 advice for leasehold conveyancing in Whitland from the perspective of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Whitland can be avoided if you get in touch lawyers the minute you market your 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 consent? Have you, for example installed wooden flooring? Whitland leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such alterations. Where you dont have the paperwork to hand do not communicate with the landlord without checking with your solicitor in the first instance.
  • If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and pay 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 are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as historic rather than unsettled.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share document. Obtaining a replacement share certificate can be a lengthy formality and frustrates many a Whitland conveyancing deal. Where a new share certificate is necessary, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check by asking your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the remaining number of years is less than 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Leasehold Conveyancing in Whitland - Examples of Questions you should ask Prior to Purchasing

      Is there a share of the freehold? Make sure you investigate if there are any onerous prohibitions in the lease. For example it is very common in Whitland leases that pets are not permitted in certain buildings in Whitland. If you like the propertyin Whitland yet your cat is not allowed to move with you then you will be presented with a hard compromise. The prefered form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this arrangement the lessees have being in charge if their destiny and even though a managing agent is often retained where it is larger than a house conversion, the managing agent acts for the leaseholders themselves.

    Other Topics

    Lease Extensions in Whitland