My fiance and I may need to sub-let our Bovey Tracey basement flat for a while due to a career opportunity. We used a Bovey Tracey conveyancing firm in 2002 but they have since shut and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Bovey Tracey do contain a provision to say that subletting is only allowed with permission. The landlord cannot 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.

Having checked my lease I have discovered that there are only Fifty years unexpired on my flat in Bovey Tracey. I now want to get lease extension but my freeholder is can not be found. What should I do?

If you qualify, 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 prove that you have used your best endeavours to locate the landlord. In some cases an enquiry agent should be helpful to conduct investigations and prepare a report to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the vesting order request to the County Court covering Bovey Tracey.

I've found a house that seems to meet my requirements, at a great figure which is making it more attractive. I have just found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Bovey Tracey. Conveyancing solicitors have are soon to be appointed. Will they explain the issues?

The majority of houses in Bovey Tracey are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can assist with the conveyancing process. it is apparent that you are purchasing in Bovey Tracey so you should seriously consider shopping around for a Bovey Tracey conveyancing solicitor and check that they are used to transacting on leasehold houses. First you will need to check the number of years remaining. As a lessee you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example obtaining the freeholder’spermission to carry out alterations. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.

Do you have any advice for leasehold conveyancing in Bovey Tracey with the purpose of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Bovey Tracey can be avoided if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ solicitors.
• If you have carried out any alterations to the property would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Bovey Tracey state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such changes. If you fail to have the consents to hand do not contact the landlord without checking with your solicitor first.

All being well we will complete our sale of a £275000 maisonette in Bovey Tracey in 5 days. The managing agents has quoted £396 for Certificate of Compliance, building insurance schedule and previous years service charge statements. Is the landlord entitled to charge such fees for a flat conveyance in Bovey Tracey?

Bovey Tracey conveyancing on leasehold flats usually involves the buyer’s lawyer sending questions for the landlord to address. Although the landlord is under no legal obligation to address such questions most will be willing to assist. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the paperwork that you are referring to is over three hundred pounds, in some situations it exceeds £800. The administration charge required by the landlord must be accompanied by a summary of rights and obligations in relation to administration charges, without which the invoice is not strictly payable. Reality however dictates that you have no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

Bovey Tracey Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

How is the lease structured? Plenty Bovey Tracey leasehold flats will be liable to pay a service bill for the upkeep of the building set on behalf of the landlord. Should you buy the flat you will have to meet this charge, normally in instalments throughout the year. This may differ from several hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay yearly, this is usually not a exorbitant sum, say around £25-£75 but you need to check as on occasion it can be many hundreds of pounds. If a Bovey Tracey lease has no more than eighty years it will have adverse implications on the marketability of the apartment. It is worth checking with your bank that they are willing to to proceed given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will need to own the premises for a couple of years in order to be eligible to carry out a lease extension.

Other Topics

Lease Extensions in Bovey Tracey