Having had my offer accepted I require leasehold conveyancing in Torpoint. Before I get started I require certainty as to the number of years remaining on the lease.

If the lease is recorded at the land registry - and almost all are in Torpoint - 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 have recently realised that I have Seventy years unexpired on my lease in Torpoint. I need to extend my lease but my freeholder is absent. What options are available to me?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. You will be obliged to demonstrate that you or your lawyers have used your best endeavours to track down the lessor. For most situations an enquiry agent would be useful to carry out a search and to produce an expert document which can be accepted by the court as evidence that the freeholder is indeed missing. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court overseeing Torpoint.

I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently been informed that the title is leasehold as opposed to freehold. I would have thought that there are issues purchasing a house with a leasehold title in Torpoint. Conveyancing solicitors have are soon to be instructed. Will they explain the issues?

The majority of houses in Torpoint are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are purchasing in Torpoint so you should seriously consider shopping around for a Torpoint conveyancing practitioner and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be entirely free to do whatever you want to the property. The lease comes with conditions such as requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

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

When appointing a solicitor for your lease extension (regardless if they are a Torpoint conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you talk with two or three firms including non Torpoint conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

• If the firm is not ALEP accredited then what is the reason?

How many lease extensions have they carried out in Torpoint in the last year?

If all goes to plan we aim to complete the disposal of our £500000 apartment in Torpoint next Wednesday . The freeholder has quoted £384 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Torpoint?

Torpoint conveyancing on leasehold maisonettes typically necessitates fees being invoiced by managing agents :

• Answering pre-contract enquiries
• Where consent is required before sale in Torpoint
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your lawyer will have no control over the level of the charges for this information but the average costs for the information for Torpoint leasehold premises is £350. For Torpoint 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 obliged to supply the information.

Torpoint Leasehold Conveyancing - Sample of Queries before Purchasing

Most Torpoint leasehold apartments will be liable to pay a service bill for the upkeep of the building invoiced by the landlord. Where you buy the flat you will have to meet this liability, normally quarterly accross the year. This can differ from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a exorbitant sum, say around £50-£100 but you need to enquire it because on occasion it can be many hundreds of pounds. The best form of lease arrangement is a share of the freehold. In this arrangement the tenants enjoy control and even though a managing agent is frequently retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Who takes charge for maintaining and repairing the block?

Other Topics

Lease Extensions in Torpoint