Fixed-fee leasehold conveyancing in Carbis Bay:

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Common questions relating to Carbis Bay leasehold conveyancing

I am in need of some leasehold conveyancing in Carbis Bay. Before diving in I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and most are in Carbis Bay - 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 only have Seventy years unexpired on my flat in Carbis Bay. I now want to extend my lease but my freeholder is absent. What should I do?

On the basis that 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 granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the lessor. In some cases an enquiry agent would be helpful to conduct investigations and to produce an expert document which can be accepted by the court as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the application to the County Court covering Carbis Bay.

Expecting to exchange soon on a garden flat in Carbis Bay. Conveyancing solicitors have said that they report fully on Monday. What should I be looking out for?

Your report on title for your leasehold conveyancing in Carbis Bay should include some of the following:

  • You should receive a copy of the lease
  • The unexpired lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Setting out your legal entitlements in relation to the communal areas in the block.By way of example, does the lease include a right of way over a path or hallways?
  • You should be told what constitutes a Nuisance in the lease
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For a comprehensive list of information to be included in your report on your leasehold property in Carbis Bay please enquire of your solicitor in advance of your conveyancing in Carbis Bay

    • I own a leasehold house in Carbis Bay. Conveyancing and Barclays Direct 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 ground rent demand for rent dating back to 1995. The conveyancing practitioner in Carbis Bay who acted for me is not around.Do I pay?

    First make enquiries of the Land Registry to make sure that this person is indeed the new freeholder. There is no need to instruct a Carbis Bay conveyancing firm to do this as you can do this on the Land Registry website for a few pound. You should note that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.

    I am a negotiator for a long established estate agent office in Carbis Bay where we have experienced a few flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Carbis Bay conveyancing solicitors. Can you confirm whether the owner of a flat can initiate the lease extension process for the purchaser on completion of the sale?

    As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

    Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    Leasehold Conveyancing in Carbis Bay - Examples of Queries Prior to buying

      This information is helpful as a) areas can result in problems for the block as the common areas may begin to deteriorate where repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to know about it How is the lease structured? Who is in charge of the block?

    Other Topics

    Lease Extensions in Carbis Bay