Fixed-fee leasehold conveyancing in Helston:

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When it comes to leasehold conveyancing in Helston, you will need to chose a conveyancing solicitor with leasehold experience. Whether your lender is to be Lloyds, Yorkshire Building Society or NatWest be sure to find a lawyer on their approved list. Feel free to use our search tool

Questions and Answers: Helston leasehold conveyancing

I would like to rent out my leasehold apartment in Helston. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?

Even though your last Helston conveyancing solicitor is no longer available you can check your lease to check if you are permitted to let out the apartment. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain consent from your landlord or some other party in advance of subletting. The net result is you not allowed to sublet without prior consent. The consent should not be unreasonably refused ore delayed. If the lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.

I own a leasehold house in Helston. Conveyancing and The Royal Bank of Scotland mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1996. The conveyancing practitioner in Helston who previously acted has now retired.Do I pay?

The first thing you should do is contact HMLR to make sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Helston conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. 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 am attracted to a couple of apartments in Helston which have in the region of forty five years remaining on the leases. Do I need to be concerned?

There are plenty of short leases in Helston. The lease is a right to use the property for a period of time. As a lease gets shorter the value of the lease decreases and results in it becoming more costly to acquire a lease extension. This is why it is advisable to increase the term of the lease. More often than not it is difficulties arise selling premises with a short lease because mortgage lenders less inclined to grant a loan on properties of this type. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this arena

Do you have any top tips for leasehold conveyancing in Helston from the point of view of speeding up the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Helston can be avoided if you get in touch lawyers the minute your agents start marketing the property and ask them to collate the leasehold information needed by the buyers representatives.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Helston state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord consenting to such changes. Where you fail to have the consents to hand you should not communicate with the landlord without contacting your solicitor in advance.
  • A minority of Helston leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any 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 buyers or their lawyers.
  • If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Arranging a re-issued share certificate can be a lengthy formality and slows down many a Helston home move. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (where relevant) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be wise to verify this via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to where the lease term is under 75 years. In the circumstances it is essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

    • When it comes to leasehold conveyancing in Helston what are the most common lease problems?

    There is nothing unique about leasehold conveyancing in Helston. All leases are individual and drafting errors can result in certain clauses are missing. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the property
    • A duty to insure the building
    • Clauses dealing with recovering service charges for expenditure on the building or common parts.
    • Service charge per centages that don't add up correctly leaving a shortfall

    A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Bank of Scotland, and Clydesdale all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.

    Leasehold Conveyancing in Helston - Examples of Queries before buying

      Make sure you discover if there is anything that is prohibited in the lease. By way of example it is reasonably common in Helston leases that pets are not allowed in certain buildings in Helston. If you love the propertyin Helston but your cat is not allowed to live with you then you will be faced difficult determination. The best form of lease structure is if the freehold reversion is owned by the leaseholders. In this scenario the tenants have being in charge if their destiny and although a managing agent is often retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Is anyone aware of any major works on the horizon that could add a premium to the maintenance fees?

    Other Topics

    Lease Extensions in Helston