I want to sublet my leasehold flat in Lynmouth. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

Some leases for properties in Lynmouth do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience suggests 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 permission.

I only have 72 years remaining on my lease in Lynmouth. I now wish to extend my lease but my freeholder is missing. What options are available to me?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply 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 demonstrate that you have done all that could be expected to locate the landlord. For most situations a specialist may be helpful to try and locate and to produce a report to be used as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Lynmouth.

Planning to complete next month on a basement flat in Lynmouth. Conveyancing solicitors inform me that they report fully tomorrow. What should I be looking out for?

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

• The physical extent of the property. This will be the property itself but might include a loft or basement if applicable.
• Whether your lease has a provision for a reserve fund?
• Repair and maintenance of the flat
• Changes to the flat (alterations and additions)
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• Responsibility for repairing the window frames

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great figure which is making it more attractive. I have subsequently found out that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Lynmouth. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Lynmouth ?

The majority of houses in Lynmouth 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. We note that you are purchasing in Lynmouth so you should seriously consider shopping around for a Lynmouth conveyancing practitioner and be sure that they have experience in advising on leasehold houses. First you will need to check the unexpired lease term. As a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the house is part of an estate. Your lawyer should advise you fully on all the issues.

Are there frequently found deficiencies that you see in leases for Lynmouth properties?

There is nothing unique about leasehold conveyancing in Lynmouth. Most leases are unique and drafting errors can result in certain sections are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• 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

You may encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Santander, Skipton Building Society, and Clydesdale all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, forcing the buyer to pull out.

Lynmouth Leasehold Conveyancing - A selection of Queries Prior to Purchasing

It is important to be aware whether fixing the lift or some other major work is due shortly to be shared between the leasehold owners and will materially impact the level of the maintenance costs or result in a one time invoice. It would be sensible to discover if there are any onerous prohibitions in the lease. For example it is very common in Lynmouth leases that pets are not allowed in certain buildings in Lynmouth. If you like the propertyin Lynmouth however your cat can’t move with you then you will be presented with a hard compromise.