Frank (my husband) and I may need to sub-let our Camborne garden flat for a while due to a career opportunity. We instructed a Camborne conveyancing practice in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

Even though your previous Camborne conveyancing solicitor is not available you can check your lease to check if it allows you to sublet the property. The rule is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to seek consent via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet without prior consent. Such consent should not be unreasonably refused ore delayed. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable price which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Camborne. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the implications of buying a leasehold house in Camborne ?

Most houses in Camborne are freehold rather than 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 clear that you are purchasing in Camborne so you should seriously consider looking for a Camborne conveyancing solicitor and be sure 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 at liberty to do whatever you want with the house. The lease comes with conditions for example obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the house is part of an estate. Your conveyancer will appraise you on the various issues.

I am employed by a busy estate agency in Camborne where we have experienced a number of leasehold sales put at risk due to short leases. I have been given contradictory information from local Camborne conveyancing solicitors. Could you clarify whether the owner of a flat can start the lease extension formalities for the purchaser on completion of the sale?

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. This means that the buyer can avoid having to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord 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 purchaser.

Can you provide any top tips for leasehold conveyancing in Camborne with the intention of expediting the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Camborne can be reduced if you appoint lawyers the minute you market your property and request that they start to collate the leasehold information needed by the buyers conveyancers.
• The majority freeholders or Management Companies in Camborne levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Camborne.

If there is a history of conflict with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unresolved.

If you hold a share in a the freehold, you should make sure that you have the original share document. Arranging a new share certificate is often a time consuming formality and delays many a Camborne home move. Where a reissued share certificate is required, do contact the company officers or managing agents (if applicable) for this sooner rather than later.

You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your solicitors. A buyer’s lawyer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

If all goes to plan we aim to complete our sale of a £275000 maisonette in Camborne next Wednesday . The landlords agents has quoted £420 for Landlord’s certificate, building insurance schedule and previous years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in Camborne?

Camborne conveyancing on leasehold maisonettes normally involves fees being invoiced by managing agents :

• Completing pre-exchange enquiries
• Where consent is required before sale in Camborne
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Camborne leasehold premises is £350. For Camborne conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

Camborne Leasehold Conveyancing - Sample of Queries Prior to buying

It is important to be aware if window replacement or some other significant cost is pending that will be shared amongst the tenants and may well materially increase the the service costs or result in a specific payment. What is the yearly service fee and ground rent? Is there a share of the freehold?

Other Topics

Lease Extensions in Camborne