My partner and I may need to let out our Newquay ground floor flat for a while due to a new job. We used a Newquay conveyancing practice in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Your lease dictates the relationship between the freeholder and you the leaseholder; specifically, it will indicate if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Newquay do not contain strict prohibition on subletting – such a provision would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.

I only have Sixty One years remaining on my flat in Newquay. I need to get lease extension but my landlord is absent. What should I do?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to prove that you have made all reasonable attempts to track down the landlord. On the whole an enquiry agent should be useful to conduct investigations and to produce an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Newquay.

I’m about to sell my garden flat in Newquay.Conveyancing has not commenced but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear the service charge 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 managing agents will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.

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

If you are instructing a solicitor for your lease extension (regardless if they are a Newquay conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non Newquay conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

• How familiar is the practice with lease extension legislation?
• Can they put you in touch with client in Newquay who can give a testimonial?

If all goes to plan we aim to complete the sale of our £ 300000 flat in Newquay in just under a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Newquay?

Newquay conveyancing on leasehold flats often requires the purchaser’s solicitor sending enquiries for the landlord to address. Although the landlord is not legally bound to respond to such questions most will be willing to assist. They are entitled levy a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the information that you are referring to is £350, in some situations it is in excess of £800. The administration charge required by the landlord must be accompanied by a synopsis of rights and obligations in respect of administration charges, without which the charge is technically not due. In reality one has little choice but to pay whatever is demanded if you want to sell the property.

Newquay Leasehold Conveyancing - Sample of Questions you should consider Prior to buying

Does the lease have onerous restrictions? Where a Newquay lease has no more than eighty years it will have adverse implications on the value of the apartment. It is worth checking with your mortgage company that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension sooner rather than later and you need to have some idea of how much this will be. Remember, in most cases you would need to own the residence for two years in order to be eligible to extend the lease.