Top Five Questions relating to Cambourne leasehold conveyancing
I would like to sublet my leasehold flat in Cambourne. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Your lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is permitted. The majority of leases in Cambourne do not prevent an absolute prevention of subletting – such a provision would adversely affect the market value the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
I’m about to sell my 2 bed flat in Cambourne.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?
It best that you pay the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have subsequently been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a leasehold house in Cambourne. Conveyancing advisers have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Cambourne ?
The majority of houses in Cambourne are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. We note that you are purchasing in Cambourne in which case you should be looking for a Cambourne conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the freeholder’sconsent 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 lawyer will report to you on the legal implications.
I am looking at a couple of maisonettes in Cambourne both have approximately fifty years unexpired on the leases. should I be concerned?
There is no doubt about it. A leasehold flat in Cambourne is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it reduces the value of the property. For most purchasers and mortgage companies, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Cambourne conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Can you provide any advice for leasehold conveyancing in Cambourne from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Cambourne can be avoided where you instruct lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers representatives.
- The majority landlords or managing agents in Cambourne charge for supplying management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Cambourne.
Cambourne Conveyancing for Leasehold Flats - Examples of Queries Prior to buying
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How many of the leaseholders are in arrears for their service charge payments?
If a Cambourne lease has less than 80 years it will impact the value of the flat. Check with your bank that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension at some point and you need to have some idea of what this would cost. For most Cambournelease extensions you will need to own the residence for 24 months before you are eligible to exercise a lease extension.
How many years remain on the lease?
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