We are getting closer to an exchange on a property in Roath and my parents have sent the 10% deposit to my conveyancing practitioner. I am now advised that as the deposit has not come from me my property lawyer needs to disclose this to my lender. I am advised that, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I advised the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to be an issue?

Your conveyancer is duty bound to clarify with the bank to ensure that they know that the balance of the purchase price is not from your own resources. Your solicitor can only notify this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.

How does conveyancing in Roath differ for new build properties?

Most buyers of new build residence in Roath approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is built. This is because house builders in Roath typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Roath or who has acted in the same development.

I decided to have a survey done on a house in Roath ahead of instructing conveyancers. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some lenders may not issue a loan on such a home.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. If you contact us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Roath. Conveyancing may be slightly more expensive based on your lender's requirements.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Roath. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Roath are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area who can help the conveyancing process. It is clear that you are purchasing in Roath in which case you should be shopping around for a Roath conveyancing practitioner and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

Roath Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Its a good idea to discover as much as you can concerning the company managing the building as they can either make living at the property much simpler or problematic. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to daily issues like the upkeep of the common parts. Ask other tenants if they are happy with them. Finally, be sure you know the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Best to be warned whether a new roof is being installed or some other major work is due shortly that will be shared amongst the leasehold owners and may well materially impact the level of the maintenance costs or necessitate a specific invoice. The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees enjoy control and although a managing agent is often retained if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.

What can I do to find out who owns a property in Roath?

As long as the premises is recorded at HMLR, and you have the details of the address of the premises, you will be able to view details from the HM Land Registry of the recorded proprietor for a fee.