Sample questions relating to St Ives leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in St Ives. Before I get started I require certainty as to the unexpired term of the lease.
If the lease is recorded at the land registry - and most are in St Ives - 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.
I want to rent out my leasehold apartment in St Ives. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for their consent?
Even though your last St Ives conveyancing lawyer is not available you can check your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you are obliged to obtain consent via your landlord or other appropriate person before subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. The consent should not be unreasonably refused ore delayed. If your lease prohibits you from letting out the property you should ask your landlord for their consent.
I have recently realised that I have Sixty One years left on my flat in St Ives. I need to get lease extension but my landlord is absent. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the freeholder. On the whole a specialist should be useful to conduct investigations and prepare a report to be accepted by the court as evidence that the freeholder can not be located. It is advisable to get professional help from a solicitor both on proving the landlord’s absence and the vesting order request to the County Court covering St Ives.
What advice can you give us when it comes to choosing a St Ives conveyancing firm to deal with our lease extension?
When appointing a conveyancer for your lease extension (regardless if they are a St Ives conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non St Ives conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- What volume of lease extensions has the firm carried out in St Ives in the last twenty four months?
Do you have any top tips for leasehold conveyancing in St Ives from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in St Ives can be avoided where you appoint lawyers the minute your agents start advertising the property and ask them to collate the leasehold documentation which will be required by the purchasers’ conveyancers.
- The majority landlords or managing agents in St Ives charge for providing management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in St Ives.
Leasehold Conveyancing in St Ives - Examples of Queries Prior to Purchasing
Does the lease include onerous restrictions?
Who is in charge of the block?
Are any of leasehold owners in arrears of their service charge liability?