Camborne leasehold conveyancing Example Support Desk Enquiries
My partner and I may need to sub-let our Camborne ground floor flat for a while due to a career opportunity. We used a Camborne conveyancing practice in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Some leases for properties in Camborne do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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 consent.
I am hoping to complete next month on a basement flat in Camborne. Conveyancing solicitors inform me that they will have a report out to me next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Camborne should include some of the following:
- The total extent of the property. This will be the property itself but could also include a loft or basement if appropriate.
I own a leasehold flat in Camborne. Conveyancing and Virgin Money mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Camborne who previously acted has long since retired.Do I pay?
The first thing you should do is contact the Land Registry to be sure that this person is indeed the new freeholder. It is not necessary to instruct a Camborne conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Can you offer any advice when it comes to finding a Camborne conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Camborne conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with several firms including non Camborne conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:
- How familiar is the firm with lease extension legislation?
What are the frequently found deficiencies that you witness in leases for Camborne properties?
There is nothing unique about leasehold conveyancing in Camborne. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are missing. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the property
- A duty to insure the building
- Clauses dealing with recovering service charges for expenditure on the building or common parts.
- Service charge per centages that don't add up correctly leaving a shortfall
A defective lease will likely cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. National Westminster Bank, Norwich and Peterborough Building Society, and Platform Home Loans Ltd all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.
Leasehold Conveyancing in Camborne - Sample of Queries before buying
If a Camborne lease has fewer than eighty years it will have adverse implications on the marketability of the apartment. Check with your mortgage company that they are happy with residual term of the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out what this would cost. For most Cambornelease extensions you would be be obliged to have owned the residence for 24 months in order to be eligible to extend the lease.
Please inform me if there are any major works in the planning that will likely increase the maintenance costs?
Who takes responsibility for maintaining and repairing the building?