Leasehold Conveyancing in St Mawes - Get a Quote from the leasehold experts approved by your lender

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Sample questions relating to St Mawes leasehold conveyancing

I wish to let out my leasehold flat in St Mawes. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?

Some leases for properties in St Mawes do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse 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 permission.

My wife and I purchased a leasehold house in St Mawes. Conveyancing and Chelsea Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in St Mawes who acted for me is not around.Any advice?

First contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. You do not need to incur the fees of a St Mawes conveyancing lawyer 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 landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I've recently bought a leasehold house in St Mawes. Am I liable to pay service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

What advice can you give us when it comes to finding a St Mawes conveyancing firm to deal with our lease extension?

If you are instructing a conveyancer for your lease extension (regardless if they are a St Mawes conveyancing practice) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non St Mawes conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

  • What volume of lease extensions have they conducted in St Mawes in the last twenty four months?
  • Can they put you in touch with client in St Mawes who can give a testimonial?

    • Can you provide any advice for leasehold conveyancing in St Mawes from the perspective of expediting the sale process?

    • Much of the frustration in leasehold conveyancing in St Mawes can be avoided if you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold information which will be required by the purchasers’ representatives.
    • Many landlords or Management Companies in St Mawes levy fees for providing management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in St Mawes.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in St Mawes state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such changes. If you fail to have the paperwork to hand do not contact the landlord without contacting your lawyer first.
  • Some St Mawes leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly 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 service charge figures so that they can pass this information on to the purchasers or their lawyers.
  • If you have had conflict with your freeholder or managing agents it is essential that these are settled prior to the flat being marketed. The purchasers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to reveal the dispute as historic as opposed to unsettled.

    • St Mawes Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

      In the main the outlay for major works tend not to be built into the service charges, albeit that some managing agents in St Mawes require leaseholders to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance. Most St Mawes leasehold properties will incur a service bill for the upkeep of the block invoiced on behalf of the management company. If you buy the flat you will have to meet this amount, normally in instalments accross the year. This may be anything from several hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent for you to pay annual, ordinarily this is not a significant sum, say around £25-£75 but you need to enquire it because on occasion it could be surprisingly expensive. Who is in charge of the block?

    Other Topics

    Lease Extensions in St Mawes