Fixed-fee leasehold conveyancing in Llanelli:

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Questions and Answers: Llanelli leasehold conveyancing

I am on look out for some leasehold conveyancing in Llanelli. Before I get started I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and 99.9% are in Llanelli - 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.

My husband and I may need to let out our Llanelli garden flat for a while due to a new job. We used a Llanelli conveyancing firm in 2001 but they have closed and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Llanelli 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 see references. Experience suggests 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 permission.

I am employed by a long established estate agency in Llanelli where we have witnessed a number of leasehold sales derailed due to short leases. I have been given contradictory information from local Llanelli conveyancing solicitors. Can you confirm whether the owner of a flat can commence 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible 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 purchaser.

Can you provide any advice for leasehold conveyancing in Llanelli from the point of view of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Llanelli can be reduced where you instruct lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ conveyancers.
  • Many freeholders or Management Companies in Llanelli charge for providing management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Llanelli.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Llanelli leases often stipulate that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord approving such changes. Should you fail to have the consents to hand do not communicate with the landlord without checking with your solicitor in advance.
  • If you have had conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be warry about purchasing a flat where there is a current dispute. You may need to swallow your pride and discharge 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 details of the dispute to the buyers, but it is better to present the dispute as over as opposed to unsettled.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Obtaining a new share certificate is often a lengthy formality and delays many a Llanelli home move. Where a reissued share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.

  • Completion in due on our sale of a £375000 garden flat in Llanelli next Wednesday . The managing agents has quoted £372 for Certificate of Compliance, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge such fees for a leasehold conveyance in Llanelli?

    For most leasehold sales in Llanelli conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Completing conveyancing due diligence enquiries
    • Where consent is required before sale in Llanelli
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your solicitor will have no control over the level of the charges for this information but the average costs for the information for Llanelli leasehold property is £350. For Llanelli 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 supply the information.

    I inherited a leasehold flat in Llanelli, conveyancing having been completed in 2002. Can you give me give me an indication of the likely cost of a lease extension? Comparable flats in Llanelli with an extended lease are worth £185,000. The average or mid-range amount of ground rent is £55 levied per year. The lease finishes on 21st October 2081

    With just 57 years unexpired we estimate the price of your lease extension to be between £26,600 and £30,800 plus professional fees.

    The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed investigations. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information before getting professional advice.

    Other Topics

    Lease Extensions in Llanelli