Top Five Questions relating to Salcombe leasehold conveyancing
Helen (my wife) and I may need to sub-let our Salcombe 1st floor flat for a while due to taking a sabbatical. We used a Salcombe conveyancing firm in 2003 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?
Even though your previous Salcombe conveyancing solicitor is no longer around you can review your lease to see if it allows you to sublet the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must obtain consent via your landlord or other appropriate person in advance of subletting. The net result is that you cannot sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.
I only have 72 years left on my flat in Salcombe. I now want to extend my lease but my landlord is missing. What are my options?
On the basis that 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 enable the lease to be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. In some cases an enquiry agent would be useful to try and locate and prepare a report which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court overseeing Salcombe.
Expecting to sign contracts shortly on a ground floor flat in Salcombe. Conveyancing solicitors inform me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Salcombe should include some of the following:
- How long the lease is You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years
My wife and I purchased a leasehold flat in Salcombe. Conveyancing and National Westminster Bank mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1998. The conveyancing practitioner in Salcombe who acted for me is not around.What should I do?
First contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to incur the fees of a Salcombe conveyancing practitioner to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
What are your top tips when it comes to choosing a Salcombe conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Salcombe conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with several firms including non Salcombe conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be of use:
- If they are not ALEP accredited then why not?
Salcombe Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing
If a Salcombe lease has less than eighty years it will have adverse implications on the value of the property. It is worth checking with your lender that they are happy with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely require a lease extension sooner rather than later and you need to have some idea of what this will be. For most Salcombelease extensions you would need to own the premises for a couple of years before you are legally able to exercise a lease extension.
The prefered form of lease arrangement is if the freehold reversion is owned by the leaseholders. In this scenario the tenants benefit from control and although a managing agent is frequently retained if it is bigger than a house conversion, the managing agent is directed by the tenants.
What is the maintenance charge and ground rent on the property?