Helen (my wife) and I may need to let out our Trelogan ground floor flat temporarily due to a career opportunity. We used a Trelogan conveyancing practice in 2003 but they have since shut and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

Notwithstanding that your previous Trelogan conveyancing lawyer is not around you can review your lease to check if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you must obtain permission via your landlord or some other party in advance of subletting. The net result is you not allowed to sublet in the absence of first obtaining permission. The consent is not allowed to be unreasonably withheld. If the lease prohibits you from subletting the property you will need to ask your landlord for their consent.

Planning to complete next month on a basement flat in Trelogan. Conveyancing solicitors assured me that they report fully on Monday. What should I be looking out for?

The report on title for your leasehold conveyancing in Trelogan should include some of the following:

• You should be sent a copy of the lease

I am hoping to put an offer on a small detached house that appears to be perfect, at a great figure which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Trelogan. Conveyancing advisers have not yet been instructed. Will they explain the issues?

The majority of houses in Trelogan are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are buying in Trelogan so you should seriously consider shopping around for a Trelogan conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be at liberty to do whatever you want with the house. The lease comes with conditions for example requiring the freeholder’sconsent to conduct changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is located on an estate. Your solicitor will appraise you on the various issues.

My wife and I purchased a leasehold flat in Trelogan. Conveyancing and Bank of Scotland mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Trelogan who previously acted has long since retired.Do I pay?

First contact the Land Registry to be sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Trelogan conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

All being well we will complete the sale of our £125000 garden flat in Trelogan on Friday in a week. The landlords agents has quoted £384 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in Trelogan?

Trelogan conveyancing on leasehold apartments usually involves the purchaser’s conveyancer sending questions for the landlord to answer. Although the landlord is under no legal obligation to answer such questions the majority will be content to assist. They are entitled invoice a reasonable administration fee for answering enquiries or supplying documentation. There is no set fee. The average costs for the paperwork that you are referring to is £350, in some cases it is in excess of £800. The management information fee levied by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, without which the charge is not strictly payable. In reality one has no option but to pay whatever is requested of you should you wish to complete the sale of your home.

Leasehold Conveyancing in Trelogan - Examples of Questions you should consider before Purchasing

Are any of leasehold owners in arrears of their service charge liability? Where a Trelogan lease has less than 80 years it will impact the marketability of the property. Check with your bank that they are content with residual term of the lease. A short lease means that you will almost definitely need a lease extension at some point and you need to have some idea of what this would cost. For most Treloganlease extensions you would be required to have been the owner of the premises for 24 months before you are eligible to extend the lease. The prefered form of lease structure is where the freehold title is in the ownership of the leaseholders. In this scenario the leaseholders benefit from being in charge if their destiny and although a managing agent is often retained where it is bigger than a house conversion, the managing agent is directed by the tenants.

Other Topics

Lease Extensions in Trelogan