Frank (my husband) and I may need to sub-let our Whitland 1st floor flat for a while due to a career opportunity. We instructed a Whitland conveyancing practice in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Your lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is banned, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Whitland do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the flat. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

I own a leasehold house in Whitland. Conveyancing and Halifax mortgage are in place. I have received a letter from someone claiming to own the freehold. Attached was a ground rent demand for rent dating back to 1995. The conveyancing solicitor in Whitland who acted for me is not around.Do I pay?

First make enquiries of HMLR to make sure that this person is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Whitland conveyancing practitioner to do this as it can be done on-line for £3. You should note 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 looking at a couple of flats in Whitland which have in the region of fifty years unexpired on the lease term. Will this present a problem?

A lease is a legal document that entitles you to use the premises for a period of time. As the lease gets shorter the marketability of the lease deteriorate and it becomes more expensive to acquire a lease extension. This is why it is generally wise 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 properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

I work for a long established estate agency in Whitland where we have witnessed a few flat sales put at risk as a result of short leases. I have received conflicting advice from local Whitland conveyancing solicitors. Could you clarify whether the seller of a flat can initiate the lease extension process 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have 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 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 buyer.

Do you have any top tips for leasehold conveyancing in Whitland with the intention of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Whitland can be avoided if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers lawyers.
• The majority freeholders or managing agents in Whitland levy fees for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Whitland.
• In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Whitland state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord approving such works. If you dont have the approvals to hand do not contact the landlord without contacting your lawyer in advance.
• If you hold a share in a the freehold, you should ensure that you are holding the original share document. Arranging a re-issued share certificate is often a lengthy process and delays many a Whitland home move. If a new share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check via your solicitors. A buyer’s conveyancer will not be happy to advise their client to where the lease term is under 75 years. In the circumstances it is essential at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Whitland Leasehold Conveyancing - A selection of Queries before Purchasing

The prefered form of lease arrangement is where the freehold reversion is owned by the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and although a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.