Jane (my partner) and I may need to sub-let our Salcombe 1st floor flat temporarily due to a career opportunity. We instructed a Salcombe conveyancing firm in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Salcombe conveyancing lawyer is no longer available you can review your lease to see if it allows you to sublet the apartment. The rule is that if the deeds are silent, subletting is permitted. There may be a precondition that you must seek permission via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet without first obtaining consent. Such consent should not be unreasonably turned down. If your lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

I only have Sixty One years left on my flat in Salcombe. I now want to get lease extension but my freeholder is missing. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to prove that you have used your best endeavours to locate the freeholder. For most situations a specialist would be helpful 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 solicitor both on devolving into the landlord’s disappearance and the vesting order request to the County Court overseeing Salcombe.

I today plan to offer on a house that seems to tick a lot of boxes, at a great price which is making it all the more appealing. I have just found out that it's a leasehold rather than freehold. I am assuming that there are particular concerns purchasing a leasehold house in Salcombe. Conveyancing solicitors have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Salcombe ?

The majority of houses in Salcombe are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are purchasing in Salcombe so you should seriously consider shopping around for a Salcombe conveyancing practitioner and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. Being a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as requiring the freeholder’sconsent to conduct alterations. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is part of an estate. Your lawyer should advise you fully on all the issues.

I am attracted to a two apartments in Salcombe which have approximately forty five years remaining on the lease term. Do I need to be concerned?

There are no two ways about it. A leasehold apartment in Salcombe is a wasting asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it reduces the salability of the premises. The majority of buyers and mortgage companies, leases with less than 75 years become less and less attractive. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Salcombe conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

Do you have any advice for leasehold conveyancing in Salcombe from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in Salcombe can be reduced if you get in touch lawyers the minute your agents start advertising the property and request that they start to put together the leasehold documentation needed by the buyers solicitors.
• Many landlords or managing agents in Salcombe charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Salcombe.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Salcombe state that internal structural alterations or laying down wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you dont have the approvals to hand do not communicate with the landlord without contacting your lawyer in advance.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are resolved prior to the flat being marketed. The buyers and their solicitors will be concerned about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to ongoing.
• If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Arranging a new share certificate is often a time consuming formality and frustrates many a Salcombe conveyancing deal. If a new share is necessary, do contact the company officers or managing agents (where applicable) for this at the earliest opportunity.

Salcombe Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing

It would be a good idea to find out if there are any onerous prohibitions in the lease. For example it is very common in Salcombe leases that pets are not allowed in certain buildings in Salcombe. If you love the propertyin Salcombe yet your dog can’t move with you then you will be faced difficult determination. How many of the leaseholders are in arrears for their maintenance charge payments? Most Salcombe leasehold apartments will be liable to pay a service charge for maintenance of the block set by the landlord. Should you purchase the flat you will have to meet this amount, usually periodically accross the year. This could differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent to be met yearly, this is usually not a significant figure, say about £25-£75 but you should to enquire as on occasion it could be surprisingly expensive.