Having had my offer accepted I require leasehold conveyancing in St Columb. Before I set the wheels in motion I want to be sure as to the number of years remaining on the lease.

If the lease is registered - and 99.9% are in St Columb - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

My fiance and I may need to rent out our St Columb ground floor flat temporarily due to a new job. We instructed a St Columb conveyancing practice in 2002 but they have closed and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

A small minority of properties in St Columb 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 review 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 consent.

Can you provide any top tips for leasehold conveyancing in St Columb from the perspective of saving time on the sale process?

• Much of the delay in leasehold conveyancing in St Columb can be bypassed if you appoint lawyers the minute you market your property and request that they start to put together the leasehold documentation which will be required by the buyers solicitors.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? St Columb leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the consents to hand do not communicate with the landlord without checking with your solicitor in the first instance.
• Some St Columb leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Obtaining a replacement share certificate can be a lengthy formality and frustrates many a St Columb home move. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
• You believe that you know the number of years left on your lease but you should double-check via your solicitors. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Completion in due on the disposal of our £ 175000 maisonette in St Columb in seven days. The management company has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in St Columb?

St Columb conveyancing on leasehold flats usually results in fees being levied by managing agents :

• Completing pre-contract questions
• Where consent is required before sale in St Columb
• 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 St Columb leasehold premises is £350. For St Columb 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 required to provide the information.

What makes a St Columb lease defective?

There is nothing unique about leasehold conveyancing in St Columb. Most leases are unique and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease can cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Accord Mortgages Ltd, Leeds Building Society, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, forcing the purchaser to withdraw.

St Columb Conveyancing for Leasehold Flats - Sample of Queries before Purchasing

Does the lease have onerous restrictions? Make sure you enquire if there is anything that is prohibited in the lease. For instance it is very common in St Columb leases that pets are not allowed in in a block in St Columb. If you love the apartmentin St Columb but your dog can’t move with you then you will be presented with a difficult choice.