Helen (my wife) and I may need to rent out our Saltash ground floor flat temporarily due to a career opportunity. We instructed a Saltash conveyancing practice in 2002 but they have since shut and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

A small minority of properties in Saltash do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold 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 permission.

I've found a house that seems to be perfect, at a great price which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Saltash. Conveyancing advisers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Saltash ?

The majority of houses in Saltash are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Saltash so you should seriously consider looking for a Saltash conveyancing solicitor and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. As a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the upkeep of the communal areas where the house is located on an estate. Your conveyancer will advise you fully on all the issues.

Back In 2008, I bought a leasehold flat in Saltash. Conveyancing and Santander mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. It included a demand for arrears of ground rent dating back to 1997. The conveyancing solicitor in Saltash who previously acted has now retired.What should I do?

First contact the Land Registry to make sure that this person is indeed the new freeholder. You do not need to incur the fees of a Saltash conveyancing firm to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I am attracted to a two apartments in Saltash both have in the region of 50 years unexpired on the leases. should I be concerned?

There are plenty of short leases in Saltash. The lease is a legal document that entitles you to use the property for a period of time. As the lease gets shorter the saleability of the lease deteriorate and it becomes more costly to extend the lease. This is why it is often a good idea to extend the lease term. Sometimes it is difficult to sell a property with a short lease as mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

What makes a Saltash lease unmortgageable?

There is nothing unique about leasehold conveyancing in Saltash. All leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain sections are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Nationwide Building Society, The Royal Bank of Scotland, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to pull out.

Leasehold Conveyancing in Saltash - Examples of Queries before buying

Many Saltash leasehold properties will incur a service charge for the upkeep of the building set on behalf of the management company. Where you purchase the property you will have to meet this amount, usually periodically throughout the year. This can differ from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a rentcharge for you to pay annual, this is usually not a exorbitant sum, say about £50-£100 but you need to enquire it because sometimes it could be many hundreds of pounds. This information is useful as a) areas may cause problems in the building as the communal areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will wish to know about it How long is the Lease?

Other Topics

Lease Extensions in Saltash