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

When it comes to leasehold conveyancing in Salcombe, you will need to chose a conveyancing lawyer with leasehold experience. Whether your mortgage company is to be Halifax, RBS or NatWest be sure to choose a lawyer on their approved list. Feel free to use our search tool

Sample questions relating to Salcombe leasehold conveyancing

My wife and I may need to sub-let our Salcombe ground floor flat temporarily due to a new job. We used a Salcombe conveyancing firm in 2004 but they have since shut and we did not think at the time get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your last Salcombe conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the apartment. The accepted inference is that if the lease is non-specific, subletting is permitted. Quite often there is a prerequisite that you need to seek consent from your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of first obtaining permission. Such consent should not be unreasonably refused ore delayed. If the lease does not allow you to sublet you should ask your landlord for their consent.

There are only 62 years remaining on my flat in Salcombe. I need to extend my lease but my freeholder is absent. What should I do?

If you meet the appropriate requirements, 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 mean that your lease can be lengthened by the magistrate. However, you will be required to prove that you or your lawyers have done all that could be expected to track down the freeholder. On the whole a specialist should be useful to carry out a search and to produce an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court covering Salcombe.

I am hoping to sign contracts shortly on a leasehold property in Salcombe. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Salcombe should include some of the following:

  • The unexpired lease term You should be advised as what happens when the lease expires, and informed of the importance of not letting the lease term falling below eighty years
  • The physical extent of the premises. This will be the apartment itself but may include a roof space or cellar if applicable.
  • You need to be told what counts as a Nuisance in the lease
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • 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
  • Responsibility for repairing the window frames
  • What the implications are if you breach a clause of your lease? For a comprehensive list of information to be included in your report on your leasehold property in Salcombe please ask your solicitor in advance of your conveyancing in Salcombe

  • Can you provide any advice for leasehold conveyancing in Salcombe from the point of view of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Salcombe can be reduced if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold information needed by the purchasers’ representatives.
    • The majority landlords or Management Companies in Salcombe charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought as soon as you have a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Salcombe.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Most leases in Salcombe state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord acquiescing to such changes. Should you fail to have the approvals in place do not communicate with the landlord without contacting your solicitor before hand.
  • If you have had conflict with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and pay 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 will still have to reveal particulars of the dispute to the buyers, but it is better to reveal the dispute as over as opposed to unsettled.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you are holding the original share document. Arranging a duplicate share certificate is often a lengthy process and delays many a Salcombe home move. If a duplicate share certificate is needed, do contact the company director and secretary or managing agents (if relevant) for this at the earliest opportunity.

  • If all goes to plan we aim to complete the disposal of our £300000 garden flat in Salcombe in seven days. The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Salcombe?

    For the majority of leasehold sales in Salcombe conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

    • Completing pre-exchange questions
    • Where consent is required before sale in Salcombe
    • Supplying insurance information
    • Deeds of covenant upon sale
    • Registering of the assignment of the change of lessee after a sale
    Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Salcombe leasehold premises is £350. For Salcombe conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

    Salcombe Leasehold Conveyancing - A selection of Questions you should ask before buying

      Make sure you discover if the the lease includes any adverse restrictions in the lease. By way of example it is reasonably common in Salcombe leases that pets are not permitted in in a block in Salcombe. If you like the propertyin Salcombe but your cat is not allowed to live with you then you will be presented with a hard compromise. How many of the leaseholders are in arrears for their maintenance charge payments? Plenty Salcombe leasehold flats will have a service charge for the upkeep of the building invoiced on behalf of the freeholder. Where you acquire the property you will have to meet this amount, normally in instalments accross the year. This could differ from a few hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all probability there will be a rentcharge to be met annual, ordinarily this is not a significant amount, say approximately £25-£75 but you need to check it because occasionally it could be prohibitively expensive.

    Other Topics

    Lease Extensions in Salcombe