Having checked my lease I have discovered that there are only Sixty One years remaining on my flat in Babbacombe. I now want to extend my lease but my landlord is can not be found. What are my options?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the lessor. On the whole a specialist would be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Babbacombe.

I am hoping to sign contracts shortly on a basement flat in Babbacombe. Conveyancing solicitors inform me that they report fully on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Babbacombe should include some of the following:

• Setting out your legal entitlements in relation to the communal areas in the block.For example, does the lease include a right of way over a path or hallways?

I today plan to offer on a house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that it's a leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in Babbacombe. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Babbacombe ?

The majority of houses in Babbacombe are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Babbacombe so you should seriously consider shopping around for a Babbacombe conveyancing practitioner and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as obtaining the landlord’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.

I am looking at a couple of flats in Babbacombe both have in the region of forty five years remaining on the lease term. Should I regard a short lease as a deal breaker?

There are plenty of short leases in Babbacombe. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease gets shorter the saleability of the lease reduces and it becomes more costly to acquire a lease extension. This is why it is generally wise to extend the lease term. It is often difficulties arise selling premises with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you get professional help from a conveyancer and surveyor with experience in this arena

We expect to complete the disposal of our £375000 maisonette in Babbacombe on Tuesday in a week. The freeholder has quoted £336 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Babbacombe?

Babbacombe conveyancing on leasehold maisonettes normally requires the buyer’s lawyer submitting enquiries for the landlord to address. Although the landlord is not legally bound to address these enquiries most will be willing to do so. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some cases it exceeds £800. The management information fee levied by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, otherwise the charge is technically not due. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

Babbacombe Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

The prefered form of lease structure is where the freehold interest is owned by the leaseholders. In this arrangement the tenants enjoy being in charge if their destiny and even though a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. How is the lease structured? Are any of leasehold owners in dispute over their service charge liability?

Other Topics

Lease Extensions in Babbacombe