Fixed-fee leasehold conveyancing in Helston:

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Top Five Questions relating to Helston leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Helston. Before I get started I want to be sure as to the unexpired term of the lease.

If the lease is recorded at the land registry - and 99.9% are in Helston - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Due to exchange soon on a studio apartment in Helston. Conveyancing lawyers assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

The report on title for your leasehold conveyancing in Helston should include some of the following:

  • Are you allowed to have a pet in the flat?
  • Does the lease prevent you from letting out the flat, or working from home
  • You should be told what constitutes a Nuisance in the lease
  • Ground rent - how much and when you need to pay, and also know whether this will change in the future
  • You should have a good understanding of the insurance provisions
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Helston please enquire of your lawyer in advance of your conveyancing in Helston

  • Estate agents have just been given the go-ahead to market my garden apartment in Helston.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge invoice – Do I pay up?

    It best that you discharge the invoice 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 until 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. This will smooth the conveyancing process.

    I am tempted by the attractive purchase price for a couple of flats in Helston which have approximately forty five years remaining on the leases. should I be concerned?

    There is no doubt about it. A leasehold flat in Helston is a deteriorating asset as a result of the shortening lease. The closer the lease gets to zero years unexpired, the more it adversely affects the value of the property. For most purchasers and lenders, leases with less than 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 premises 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 Helston 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.

    Do you have any advice for leasehold conveyancing in Helston from the point of view of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Helston can be reduced if you appoint lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information which will be required by the buyers solicitors.
    • If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Helston leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord acquiescing to such changes. Where you fail to have the paperwork in place do not communicate with the landlord without contacting your solicitor first.
  • A minority of Helston leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Arranging a replacement share certificate can be a time consuming process and slows down many a Helston home move. If a duplicate share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this sooner rather than later.
  • You believe that you know the number of years left on your lease but you should double-check via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. It is therefore important at an as soon as possible that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

  • Helston Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing

      You should want to find out as much as you can concerning the company managing the building as they can either make your living at the property much easier or uncomfortable. Being a leasehold owner you will be in the clutches of the managing agents both financially and when it comes to daily issues like the cleanliness of the communal areas. Ask other people if they are happy with them. In conclusion, find out the dates that the service charges are due to the managing agents and precisely how they are spending that money. It would be prudent to find out if there are any onerous restrictions in the lease. For example it is fairly common in Helston leases that pets are not allowed in certain buildings in Helston. If you love the apartmentin Helston however your dog can’t live with you then you have a very difficult compromise. How much is the ground rent and service charge?

    Other Topics

    Lease Extensions in Helston