Top Five Questions relating to Penzance leasehold conveyancing
I am intending to sublet my leasehold flat in Penzance. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Your lease governs relations between the landlord and you the flat owner; specifically, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no specific ban or restriction, subletting is permitted. The majority of leases in Penzance do not contain strict prohibition on subletting – such a clause would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Expecting to exchange soon on a basement flat in Penzance. Conveyancing solicitors assured me that they are sending me a report next week. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Penzance should include some of the following:
- The physical extent of the premises. This will be the flat itself but could also include a loft or basement if applicable.
My wife and I purchased a leasehold flat in Penzance. Conveyancing and Alliance & Leicester mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1997. The conveyancing practitioner in Penzance who acted for me is not around.Do I pay?
The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the new freeholder. There is no need to incur the fees of a Penzance conveyancing lawyer to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Do you have any advice for leasehold conveyancing in Penzance from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Penzance can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers conveyancers.
- If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in Penzance state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such alterations. Where you fail to have the paperwork to hand you should not contact the landlord without contacting your lawyer first.
All being well we will complete the disposal of our £325000 flat in Penzance next Friday . The landlords agents has quoted £420 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge an administration fee for a flat conveyance in Penzance?
Penzance conveyancing on leasehold apartments usually involves fees being levied by management companies :
- Completing pre-exchange enquiries
- Where consent is required before sale in Penzance
- Copies of the building insurance and schedule
- Deeds of covenant upon sale
- Registering of the assignment of the change of lessee after a sale
Penzance Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
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On the whole the outlay for major works tend not to be wrapped into the service charges, albeit that a few managing agents in Penzance require leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance.
How is the lease structured?
Make sure you enquire if there are any onerous prohibitions in the lease. By way of example it is very common in Penzance leases that pets are not allowed in in a block in Penzance. If you like the flatin Penzance however your cat is not allowed to move with you then you will be presented with a difficult determination.
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