Helen (my wife) and I may need to sub-let our St Austell basement flat temporarily due to a new job. We used a St Austell conveyancing practice in 2003 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your last St Austell conveyancing solicitor is not around you can review your lease to check if it allows you to sublet the apartment. The accepted inference is that if the deeds are non-specific, subletting is permitted. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or other appropriate person before subletting. This means that you cannot sublet in the absence of prior permission. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you will need to ask your landlord if they are willing to waive this restriction.

Estate agents have just been given the go-ahead to market my 2 bed flat in St Austell.Conveyancing is yet to be initiated but I have just had a quarterly service charge demand – should I leave it to the buyer to sort out?

Your conveyancing lawyer is likely to suggest that you should clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I today plan to offer on a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a house with a leasehold title in St Austell. Conveyancing advisers have not yet been instructed. Will they explain the issues?

Most houses in St Austell 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. it is apparent that you are purchasing in St Austell so you should seriously consider looking for a St Austell conveyancing solicitor and be sure that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want with the house. The lease will likely included provisions such as requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the estate where the property is part of an estate. Your lawyer will report to you on the legal implications.

I am looking at a two apartments in St Austell both have about fifty years remaining on the lease term. Do I need to be concerned?

There are plenty of short leases in St Austell. The lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the value of the lease decreases and results in it becoming more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage companies may be reluctant to lend money on properties of this type. Lease extension can be a protracted process. We recommend you seek professional assistance from a solicitor and surveyor with experience in this area

In relation to leasehold conveyancing in St Austell what are the most frequent lease defects?

Leasehold conveyancing in St Austell is not unique. All leases is drafted differently and drafting errors can result in certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

• A provision to repair to or maintain parts of the property
• A duty to insure the building
• 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 will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Chelsea Building Society, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to withdraw.

St Austell Leasehold Conveyancing - Examples of Queries before buying

How many of the leaseholders are in arrears for their service charge payments? Its a good idea to discover as much as possible about the managing agents as they can either make living at the property much simpler or uncomfortable. As the proprietor of a leasehold property you are often at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the cleanliness of the communal areas. Don't be shy to ask other tenants whether they are happy with them. On a final note, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically how they are spending the funds. Make sure you discover if the the lease includes any adverse restrictions in the lease. For example plenty of leases prohibit pets being permitted in certain buildings in St Austell. If you like the propertyin St Austell however your dog is not allowed to make the move with you then you will be presented with a hard decision.

Other Topics

Lease Extensions in St Austell