Having had my offer accepted I require leasehold conveyancing in Colwyn Bay. Before diving in I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Colwyn Bay - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I wish to let out my leasehold flat in Colwyn Bay. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

Even though your last Colwyn Bay conveyancing solicitor is not around you can check your lease to see if it allows you to sublet the apartment. The rule is that if the lease is silent, subletting is allowed. There may be a precondition that you need to seek consent via your landlord or some other party in advance of subletting. This means that you cannot sublet in the absence of first obtaining consent. Such consent is not allowed to be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.

I am a negotiator for a long established estate agency in Colwyn Bay where we have experienced a number of leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Colwyn Bay conveyancing firms. Could you confirm whether the vendor of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has been the owner 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. This means that the buyer 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 has to be done 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 buyer.

Do you have any top tips for leasehold conveyancing in Colwyn Bay with the aim of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Colwyn Bay can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the buyers representatives.
• Many landlords or Management Companies in Colwyn Bay levy fees for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Colwyn Bay.
• A minority of Colwyn Bay leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
• If you have had any disputes with your landlord or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
• If you hold a share in a the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate can be a lengthy formality and delays many a Colwyn Bay home move. Where a reissued share is necessary, you should approach the company officers or managing agents (if applicable) for this as soon as possible.

If all goes to plan we aim to complete the sale of our £ 175000 maisonette in Colwyn Bay in 10 days. The managing agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge an administration fee for a flat conveyance in Colwyn Bay?

Colwyn Bay conveyancing on leasehold flats typically results in fees being raised by management companies :

• Addressing pre-exchange questions
• Where consent is required before sale in Colwyn Bay
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Colwyn Bay leasehold premises is £350. For Colwyn Bay conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are required to provide answers.

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

Be sure to find out if there are any onerous restrictions in the lease. For example it is very common in Colwyn Bay leases that pets are not permitted in certain buildings in Colwyn Bay. If you like the propertyin Colwyn Bay but your dog can’t make the move with you then you will be presented with a hard decision. Is anyone aware of any major works anticipated that could increase the service costs?