My fiance and I may need to let out our Cullompton ground floor flat for a while due to a new job. We used a Cullompton conveyancing practice in 2002 but they have since shut and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in Cullompton do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see 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 have recently realised that I have 62 years unexpired on my lease in Cullompton. I now wish to extend my lease but my landlord is missing. What options are available to me?

If you meet the appropriate requirements, 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 extended by the magistrate. However, you will be required to prove that you have made all reasonable attempts to track down the freeholder. On the whole an enquiry agent may be useful to carry out a search and prepare an expert document to be accepted by the court as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the vesting order request to the County Court overseeing Cullompton.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great price which is making it more attractive. I have since discovered that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in Cullompton. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?

Most houses in Cullompton are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Cullompton so you should seriously consider looking for a Cullompton conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease will likely included provisions such as obtaining the freeholder’sconsent to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is located on an estate. Your solicitor should report to you on the legal implications.

My wife and I purchased a leasehold flat in Cullompton. Conveyancing and Virgin Money mortgage organised. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Cullompton who acted for me is not around.Any advice?

First contact the Land Registry to be sure that this person is in fact the registered owner of the freehold reversion. You do not need to incur the fees of a Cullompton 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 rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am a negotiator for a long established estate agent office in Cullompton where we have witnessed a few flat sales derailed due to leases having less than 80 years remaining. I have received contradictory information from local Cullompton conveyancing firms. Please can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder 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.

Cullompton Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Make sure you enquire if the the lease includes any onerous restrictions in the lease. By way of example it is fairly common in Cullompton leases that pets are not permitted in in a block in Cullompton. If you like the propertyin Cullompton yet your dog can’t live with you then you have a very hard decision. You will want to find out as much as you can concerning the managing agents as they can either make your life much simpler or a lot more difficult. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to practical matters such as the tidiness of the common parts. Enquire of prospective neighbours if they are happy with their management. In conclusion, find out the dates that the service fees are due to the relevant party and precisely what you get for your money. What is the yearly maintenance fee and ground rent?

Other Topics

Lease Extensions in Cullompton