Fixed-fee leasehold conveyancing in Helston:

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Frequently asked questions relating to Helston leasehold conveyancing

Having had my offer accepted I require leasehold conveyancing in Helston. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is registered - and most are in Helston - then the leasehold title will always include the basic details 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.

I am intending to sublet my leasehold apartment in Helston. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?

Notwithstanding that your previous Helston conveyancing solicitor is not around you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you are obliged to seek consent from your landlord or other appropriate person before subletting. The net result is that you cannot sublet in the absence of prior permission. Such consent should not be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

I have recently realised that I have 68 years remaining on my lease in Helston. I now wish to get lease extension but my landlord is absent. What are my options?

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 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 used your best endeavours to locate the landlord. For most situations an enquiry agent would be useful to carry out a search and to produce an expert document to be accepted by the court as evidence that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court covering Helston.

What are your top tips when it comes to appointing a Helston conveyancing practice to deal with our lease extension?

When appointing a conveyancer for lease extension works (regardless if they are a Helston conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Helston conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

  • How experienced is the practice with lease extension legislation?
  • How many lease extensions has the firm conducted in Helston in the last 12 months?

    • Can you provide any advice for leasehold conveyancing in Helston with the aim of expediting the sale process?

    • A significant proportion of the frustration in leasehold conveyancing in Helston can be avoided where you get in touch lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the purchasers’ lawyers.
    • The majority freeholders or managing agents in Helston charge for supplying management packs for a leasehold homes. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Helston.
  • In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Most leases in Helston state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such works. If you fail to have the approvals in place you should not contact the landlord without checking with your solicitor before hand.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a property where there is a current dispute. You may need to swallow your pride and 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 are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as over rather than unresolved.
  • You believe that you know the number of years left on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. In the circumstances it is important at an early stage that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale.

    • I inherited a studio flat in Helston, conveyancing having been completed 7 years ago. Can you give me give me an indication of the likely cost of a lease extension? Similar flats in Helston with a long lease are worth £169,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease expires on 21st October 2087

    With just 61 years remaining on your lease we estimate the price of your lease extension to range between £19,000 and £22,000 plus professional fees.

    The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information before getting professional advice.

    Other Topics

    Lease Extensions in Helston