Fixed-fee leasehold conveyancing in Carbis Bay:

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Common questions relating to Carbis Bay leasehold conveyancing

I only have 72 years left on my lease in Carbis Bay. I am keen to extend my lease but my freeholder is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to find the landlord. In some cases an enquiry agent would be useful to conduct investigations and prepare a report which can be accepted by the court as evidence that the landlord can not be located. It is advisable to get professional help from a property lawyer in relation to investigating the landlord’s absence and the vesting order request to the County Court covering Carbis Bay.

My wife and I purchased a leasehold flat in Carbis Bay. Conveyancing and Barclays mortgage organised. A letter has just been received from someone saying they have taken over the freehold. It included a ground rent demand for rent dating back to 1998. The conveyancing practitioner in Carbis Bay who acted for me is not around.Do I pay?

First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Carbis Bay conveyancing solicitor to do this as it can be done on-line for a few pound. You should note 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.

I've recently bought a leasehold flat in Carbis Bay. Do I have any liability for service charges for periods before my ownership?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any top tips for leasehold conveyancing in Carbis Bay from the perspective of speeding up the sale process?

  • A significant proportion of the frustration in leasehold conveyancing in Carbis Bay can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the buyers solicitors.
  • Many freeholders or Management Companies in Carbis Bay charge for providing management packs for a leasehold property. You or your lawyers should find out the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Carbis Bay.
  • Some Carbis Bay leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
  • If there is a history of conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to pay 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 purchasers, but it is clearly preferable to present the dispute as over as opposed to unresolved.
  • If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy process and slows down many a Carbis Bay conveyancing transaction. Where a new share is needed, do contact the company officers or managing agents (where applicable) for this as soon as possible.

  • Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £150000 flat in Carbis Bay on Thursday in a week. The landlords agents has quoted £384 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Carbis Bay?

    For the majority of leasehold sales in Carbis Bay conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Answering pre-exchange questions
    • Where consent is required before sale in Carbis Bay
    • 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 Carbis Bay leasehold premises is £350. For Carbis Bay 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 required to provide the information.

    Leasehold Conveyancing in Carbis Bay - Sample of Queries before buying

      The best form of lease arrangement is where the freehold reversion is in the ownership of the leaseholders. In this scenario the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is frequently employed where it is larger than a house conversion, the managing agent employed by the leaseholders. What restrictions are there in the Carbis Bay Lease? Plenty Carbis Bay leasehold flats will be liable to pay a service bill for maintenance of the building set by the management company. Where you purchase the property you will have to pay this charge, normally quarterly during the year. This may vary from a couple of hundred pounds to thousands of pounds for large purpose-built buildings. In all probability there will be a rentcharge for you to pay annual, this is usually not a exorbitant figure, say around £25-£75 but you should to check it because occasionally it can be surprisingly expensive.

    Other Topics

    Lease Extensions in Carbis Bay