I have recently realised that I have Seventy years left on my lease in Roath. I now want to get lease extension but my landlord is missing. What are my options?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to track down the landlord. For most situations a specialist may be useful to carry out a search and to produce a report to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Roath.

I’m about to sell my basement flat in Roath.Conveyancing lawyers have not yet been instructed but I have just had a yearly service charge demand – Do I pay up?

It best that you discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Roath. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

The majority of houses in Roath are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Roath in which case you should be looking for a Roath conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is part of an estate. Your lawyer will advise you fully on all the issues.

My wife and I purchased a leasehold flat in Roath. Conveyancing and Aldermore mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1992. The conveyancing practitioner in Roath who previously acted has long since retired.What should I do?

The first thing you should do is contact the Land Registry to make sure that this person is indeed the new freeholder. There is no need to instruct a Roath conveyancing practitioner to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £300000 apartment in Roath next Monday . The management company has quoted £372 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge an administration fee for a leasehold conveyance in Roath?

Roath conveyancing on leasehold maisonettes normally involves the purchaser’s conveyancer submitting enquiries for the landlord to answer. Although the landlord is not legally bound to address these enquiries most will be content to do so. They may invoice a reasonable charge for answering enquiries or supplying documentation. There is no upper cap for such fees. The average costs for the information that you are referring to is £350, in some transactions it is above £800. The administration charge invoiced by the landlord must be accompanied by a synopsis of entitlements and obligations in relation to administration charges, otherwise the charge is not strictly payable. In reality you have no choice but to pay whatever is requested of you if you want to complete the sale of your home.

Leasehold Conveyancing in Roath - Sample of Questions you should consider Prior to buying

The majority of Roath leasehold properties will have a service bill for the upkeep of the block set by the management company. Where you buy the property you will have to pay this liability, usually quarterly throughout the year. This may be anything from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a ground rent to be met annual, this is usually not a significant sum, say approximately £25-£75 but you should to check as on occasion it can be many hundreds of pounds. The answer will be useful as a) areas could result in problems for the block as the communal areas may begin to deteriorate if maintenance are not paid for b) if the tenants have an issue with the managing agents you will want to have all the details How many years remain on the lease?

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Lease Extensions in Roath