Common questions relating to Porthleven leasehold conveyancing
I wish to sublet my leasehold apartment in Porthleven. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
A small minority of properties in Porthleven do contain a provision to say that subletting is only allowed with permission. The landlord cannot 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 consent.
Having checked my lease I have discovered that there are only Seventy years left on my flat in Porthleven. I now want to get lease extension but my landlord is missing. What are my options?
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 extended by the Court. However, you will be required to demonstrate that you have used your best endeavours to find the freeholder. In some cases an enquiry agent should be helpful to conduct investigations and prepare an expert document to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Porthleven.
Planning to sign contracts shortly on a garden flat in Porthleven. Conveyancing lawyers inform me that they report fully tomorrow. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Porthleven should include some of the following:
- Do you need to have carpet in the flat or are you allowed wood flooring?
I am hoping to put an offer on a small detached house that seems to tick a lot of boxes, at a reasonable price which is making it all the more appealing. I have subsequently been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a house with a leasehold title in Porthleven. Conveyancing lawyers have are about to be appointed. Will they explain the issues?
Most houses in Porthleven are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. It is clear that you are purchasing in Porthleven in which case you should be looking for a Porthleven conveyancing solicitor and be sure that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the freeholder’sconsent to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should report to you on the legal implications.
If all goes to plan we aim to complete the sale of our £450000 apartment in Porthleven in six days. The management company has quoted £300 for Landlord’s certificate, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Porthleven?
Porthleven conveyancing on leasehold flats often requires the purchaser’s lawyer submitting questions for the landlord to address. Although the landlord is not legally bound to respond to such questions the majority will be willing to assist. They are at liberty charge a reasonable administration fee for answering questions or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is above £800. The management information fee invoiced by the landlord must be sent together with a summary of entitlements and obligations in respect of administration fees, without which the invoice is technically not due. In reality one has no choice but to pay whatever is demanded if you want to exchange contracts with the buyer.
Porthleven Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
The answer will be helpful as a) areas can result in problems for the building as the communal areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to have all the details
Are any of leasehold owners in dispute over their service charge liability?
On the whole the outlay for major works tend not to be wrapped into the maintenance charges, although there some managing agents in Porthleven require leaseholders to pay into a reserve fund created for the specific purpose of building a fund for larger works.