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Sample questions relating to Whitland leasehold conveyancing

I only have 62 years unexpired on my lease in Whitland. I need to extend my lease but my freeholder is can not be found. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have made all reasonable attempts to track down the lessor. In some cases an enquiry agent would be useful to try and locate and prepare a report which can be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the application to the County Court overseeing Whitland.

Due to exchange soon on a leasehold property in Whitland. Conveyancing lawyers assured me that they report fully on Monday. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Whitland should include some of the following:

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • The total extent of the demise. This will be the property itself but could also include a loft or basement if applicable.
  • Setting out your legal entitlements in respect of the communal areas in the block.E.G., does the lease include a right of way over a path or staircase?
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • Repair and maintenance of the flat
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What you can do if a neighbour is in violation of a provision in their lease? For details of the information to be contained in your report on your leasehold property in Whitland please ask your solicitor in advance of your conveyancing in Whitland

    • I am looking at a two maisonettes in Whitland which have in the region of 50 years remaining on the leases. should I be concerned?

    A lease is a right to use the premises for a prescribed time frame. As the lease gets shorter the saleability of the lease decreases and it becomes more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. It is often difficulties arise selling premises with a short lease because mortgage companies may be reluctant to lend money on such properties. Lease enfranchisement can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this arena

    Last month I purchased a leasehold property in Whitland. Am I liable to pay service charges for periods before my ownership?

    Where the service charge has already been demanded from the previous owner 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 ensure 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 offer any advice when it comes to appointing a Whitland conveyancing firm to carry out our lease extension conveyancing?

    If you are instructing a solicitor for your lease extension (regardless if they are a Whitland conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you speak with several firms including non Whitland conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

    • How familiar is the firm with lease extension legislation?
  • What are the legal fees for lease extension work?

    • Whitland Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

      It is important to be aware if fixing the lift or some other major work is coming up to be shared between the leasehold owners and will dramatically impact the level of the service costs or necessitate a one time payment. How is the lease structured? This information is important as a) areas may cause problems in the block as the common areas may begin to deteriorate if maintenance are not paid for b) if the tenants have an issue with the managing agents you will wish to know about it

    Other Topics

    Lease Extensions in Whitland