Common questions relating to Looe leasehold conveyancing
Frank (my husband) and I may need to let out our Looe 1st floor flat for a while due to taking a sabbatical. We used a Looe conveyancing firm in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your last Looe conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to seek permission via your landlord or some other party before subletting. This means you not allowed to sublet without first obtaining consent. Such consent is not allowed to be unreasonably turned down. If the lease prohibits you from letting out the property you should ask your landlord for their consent.
I am hoping to complete next month on a ground floor flat in Looe. Conveyancing solicitors assured me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Looe should include some of the following:
- Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that the title is leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Looe. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Looe ?
The majority of houses in Looe are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area can assist with the conveyancing process. It is clear that you are purchasing in Looe in which case you should be looking for a Looe conveyancing practitioner and be sure that they are used to advising on leasehold houses. First you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example obtaining the landlord’sconsent to carry out alterations. You may also be required to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your solicitor will appraise you on the various issues.
My wife and I purchased a leasehold house in Looe. Conveyancing and The Mortgage Works mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in Looe who previously acted has long since retired.Any advice?
The first thing you should do is make enquiries of HMLR to be sure that the individual purporting to own the freehold is in fact the new freeholder. It is not necessary to instruct a Looe conveyancing lawyer to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
What advice can you give us when it comes to finding a Looe conveyancing firm to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Looe conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We advise that you talk with several firms including non Looe conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be useful:
- How experienced is the firm with lease extension legislation?
Looe Leasehold Conveyancing - Examples of Questions you should consider Prior to buying
How many years are left on the lease?
On the whole the outlay for major works tend not to be included within service charges, although there some managing agents in Looe obliged leasehold owners to contribute towards a sinking fund created for the specific intention of building a fund for larger works.
It is important to be aware whether redecorating or some other significant cost is due in the near future to be shared by the tenants and could well materially impact the level of the service costs or necessitate a specific invoice.