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

A small minority of properties in Ilfracombe do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates 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.

Having checked my lease I have discovered that there are only 62 years remaining on my flat in Ilfracombe. I am keen to extend my lease but my freeholder is absent. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to prove that you or your lawyers have used your best endeavours to locate the freeholder. On the whole an enquiry agent may be useful to try and locate and to produce a report which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Ilfracombe.

I today plan to offer on a house that seems to meet my requirements, at a great figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are issues purchasing a house with a leasehold title in Ilfracombe. Conveyancing lawyers have not yet been appointed. Will they explain the issues?

The majority of houses in Ilfracombe are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Ilfracombe in which case you should be looking for a Ilfracombe conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the unexpired lease term. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a contribution towards the maintenance of the estate where the property is located on an estate. Your lawyer should appraise you on the various issues.

Back In 2007, I bought a leasehold house in Ilfracombe. Conveyancing and Clydesdale mortgage are in place. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Ilfracombe who previously acted has long since retired.Any advice?

First contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. There is no need to instruct a Ilfracombe conveyancing lawyer to do this as you can do this on the Land Registry website for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

In relation to leasehold conveyancing in Ilfracombe what are the most common lease defects?

There is nothing unique about leasehold conveyancing in Ilfracombe. All leases is drafted differently and drafting errors can result in certain provisions are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Santander, Barnsley Building Society, and Barclays Direct all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

Ilfracombe Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing

You should want to find out as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to daily issues like the cleanliness of the common parts. Don't be afraid to ask prospective neighbours whether they are happy with them. On a final note, be sure you know the dates that you are obliged pay the maintenance charge to the managing agents and precisely how they are spending that money. The prefered form of lease arrangement is a share of the freehold. In this scenario the tenants benefit from being in charge if their destiny and although a managing agent is usually employed where the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Is there a share of the freehold?

Other Topics

Lease Extensions in Ilfracombe