Having checked my lease I have discovered that there are only 62 years unexpired on my flat in Mevagissey. I need to extend my lease but my freeholder is can not be found. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application 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. However, you will be required to demonstrate that you have done all that could be expected to find the landlord. On the whole an enquiry agent would be useful to try and locate and prepare a report which can be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Mevagissey.

I am hoping to exchange soon on a garden flat in Mevagissey. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

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

• You should be sent a copy of the lease

I’m about to sell my basement apartment in Mevagissey.Conveyancing has not commenced but I have just received a yearly service charge invoice – what should I do?

It best that you clear the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am hoping to put an offer on a small detached house that seems to meet my requirements, at a great price which is making it more attractive. I have just discovered that the title is leasehold rather than freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Mevagissey. Conveyancing advisers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in Mevagissey ?

Most houses in Mevagissey are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. it is apparent that you are purchasing in Mevagissey so you should seriously consider looking for a Mevagissey conveyancing solicitor and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. As a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example obtaining the landlord’sconsent to conduct alterations. It may be necessary to pay a service charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.

What makes a Mevagissey lease defective?

Leasehold conveyancing in Mevagissey is not unique. All leases are unique and drafting errors can result in certain provisions are missing. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the building
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Coventry Building Society, and Clydesdale all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, obliging the purchaser to pull out.

Leasehold Conveyancing in Mevagissey - Sample of Questions you should consider before Purchasing

On the whole the cost for major works tend not to be included within service charges, although there some managing agents in Mevagissey ask tenants to pay into a reserve fund and this is used to offset against major works. Plenty Mevagissey leasehold apartments will incur a service charge for maintenance of the block levied by the landlord. Should you purchase the apartment you will have to meet this liability, normally periodically during the year. This may differ from several hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge to be met annual, normally this is not a exorbitant amount, say around £50-£100 but you need to enquire as on occasion it can be prohibitively expensive. The answer will be important as a) areas may result in problems for the building as the common areas may start to deteriorate where maintenance are not paid for b) if the tenants have an issue with the managing agents you will need to know about it

Other Topics

Lease Extensions in Mevagissey