Leasehold Conveyancing in Padstow - Get a Quote from the leasehold experts approved by your lender

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When it comes to leasehold conveyancing in Padstow, you will need to instruct a conveyancing lawyer with leasehold experience. Whether your lender is to be Halifax, Birmingham Midshires or Bradford & Bingley make sure you choose a lawyer on their panel. Feel free to use our search tool

Frequently asked questions relating to Padstow leasehold conveyancing

My partner and I may need to sub-let our Padstow garden flat temporarily due to a new job. We used a Padstow conveyancing practice in 2002 but they have since shut and we did not have the foresight to seek any advice as to whether the lease allows us to sublet. How do we find out?

Your lease governs the relationship between the landlord and you the leaseholder; specifically, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is allowed. The majority of leases in Padstow do not prevent subletting altogether – such a provision would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.

There are only 62 years left on my lease in Padstow. I now want to get lease extension but my landlord is missing. What are my options?

If 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 lengthened by the magistrate. However, you will be required to prove that you or your lawyers have used your best endeavours to find the lessor. For most situations an enquiry agent may be useful to try and locate and prepare a report which can be used as evidence that the freeholder is indeed missing. It is wise to seek advice from a property lawyer both on proving the landlord’s absence and the application to the County Court covering Padstow.

Due to sign contracts shortly on a ground floor flat in Padstow. Conveyancing solicitors inform me that they report fully tomorrow. What should I be looking out for?

Your report on title for your leasehold conveyancing in Padstow should include some of the following:

  • You should be told what constitutes a Nuisance in the lease
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Whether your lease has a provision for a reserve fund?
  • Repair and maintenance of the flat
  • Changes to the flat (alterations and additions)
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • 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 For a comprehensive list of information to be contained in your report on your leasehold property in Padstow please ask your conveyancer in advance of your conveyancing in Padstow

    • My wife and I purchased a leasehold flat in Padstow. Conveyancing and TSB mortgage organised. A letter has just been received 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 practitioner in Padstow who acted for me is not around.Do I pay?

    First contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. It is not necessary to instruct a Padstow conveyancing practitioner to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    Can you offer any advice when it comes to appointing a Padstow conveyancing practice to carry out our lease extension conveyancing?

    If you are instructing a property lawyer for lease extension works (regardless if they are a Padstow conveyancing practice) it is most important that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with two or three firms including non Padstow conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

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

    • I bought a split level flat in Padstow, conveyancing formalities finalised 4 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Similar flats in Padstow with an extended lease are worth £180,000. The average or mid-range amount of ground rent is £55 invoiced annually. The lease runs out on 21st October 2077

    With just 55 years remaining on your lease the likely cost is going to range between £27,600 and £31,800 plus professional fees.

    The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more detailed investigations. You should not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.

    Other Topics

    Lease Extensions in Padstow