Carbis Bay leasehold conveyancing: Q and A’s
My partner and I may need to sub-let our Carbis Bay ground floor flat temporarily due to taking a sabbatical. We used a Carbis Bay conveyancing practice in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?
Some leases for properties in Carbis Bay do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold 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.
There are only Sixty One years remaining on my lease in Carbis Bay. I now wish to extend my lease but my landlord is missing. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the landlord. In some cases an enquiry agent would be useful to try and locate and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s disappearance and the application to the County Court overseeing Carbis Bay.
I own a leasehold flat in Carbis Bay. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1995. The conveyancing practitioner in Carbis Bay who acted for me is not around.What should I do?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Carbis Bay conveyancing firm to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to appointing a Carbis Bay conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for lease extension works (regardless if they are a Carbis Bay conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with two or three firms including non Carbis Bay conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- If the firm is not ALEP accredited then why not?
Can you provide any advice for leasehold conveyancing in Carbis Bay with the aim of expediting the sale process?
- Much of the frustration in leasehold conveyancing in Carbis Bay can be avoided if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ conveyancers.
- In the event that you altered the property did you need the Landlord’s consent? In particular have you installed wooden flooring? Carbis Bay leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. If you dont have the consents to hand you should not communicate with the landlord without contacting your solicitor in advance.
I bought a 1st floor flat in Carbis Bay, conveyancing having been completed 2011. Can you please calculate a probable premium for a statutory lease extension? Comparable flats in Carbis Bay with over 90 years remaining are worth £197,000. The ground rent is £60 invoiced every year. The lease terminates on 21st October 2091
You have 68 years unexpired we estimate the price of your lease extension to span between £12,400 and £14,200 as well as professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.