I would like to let out my leasehold flat in Boscastle. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

A small minority of properties in Boscastle 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 review references. Experience dictates 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've found a house that seems to be perfect, at a reasonable figure which is making it all the more appealing. I have since discovered that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Boscastle. Conveyancing lawyers have are soon to be appointed. Will they explain the issues?

Most houses in Boscastle are freehold and not leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Boscastle in which case you should be shopping around for a Boscastle conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the landlord’spermission to carry out changes to the property. You may also be required to pay a maintenance charge towards the maintenance of the communal areas where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

I am a negotiator for a busy estate agency in Boscastle where we have witnessed a few flat sales derailed as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Boscastle conveyancing firms. Please can you clarify whether the owner of a flat can start the lease extension formalities for the buyer?

As long as the seller has owned the lease 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. 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 needs to be completed before, or simultaneously with 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 buyer.

Can you offer any advice when it comes to choosing a Boscastle conveyancing firm to carry out our lease extension conveyancing?

When appointing a solicitor for your lease extension (regardless if they are a Boscastle conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Boscastle conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be useful:

• If they are not ALEP accredited then why not?

If all goes to plan we aim to complete our sale of a £350000 garden flat in Boscastle on Thursday in a week. The management company has quoted £324 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Boscastle?

Boscastle conveyancing on leasehold flats more often than not necessitates the buyer’s lawyer submitting questions for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries the majority will be content to assist. They are entitled invoice a reasonable charge for answering enquiries or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The administration charge levied by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, otherwise the invoice is not strictly payable. In reality one has no choice but to pay whatever is requested of you if you want to sell the property.

Boscastle Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

Make sure you discover if there is anything that is prohibited in the lease. For instance it is reasonably common in Boscastle leases that pets are not allowed in in a block in Boscastle. If you like the apartmentin Boscastle yet your cat is not allowed to make the move with you then you will be presented with a hard decision. If a Boscastle lease has fewer than 80 years it will impact the salability of the flat. Check with your bank that they are content with remaining years on the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. For most Boscastlelease extensions you will need to own the property for 24 months in order to be eligible to carry out a lease extension. Best to be warned if a new roof is being installed or some other major work is due shortly that will be shared by the leasehold owners and could well dramatically impact the level of the service fees or necessitate a specific payment.

Other Topics

Lease Extensions in Boscastle