Fixed-fee leasehold conveyancing in Salcombe:

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Frequently asked questions relating to Salcombe leasehold conveyancing

I am in need of some leasehold conveyancing in Salcombe. Before diving in I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Salcombe - then the leasehold title will always include the short particulars 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.

Frank (my husband) and I may need to sub-let our Salcombe ground floor flat temporarily due to a career opportunity. We used a Salcombe conveyancing practice in 2003 but they have since shut and we did not think at the time get any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Even though your previous Salcombe conveyancing solicitor is no longer available you can check your lease to see if it allows you to sublet the premises. The accepted inference is that if the deeds are non-specific, subletting is allowed. There may be a precondition that you must obtain permission from your landlord or some other party prior to subletting. The net result is that you cannot sublet without first obtaining consent. Such consent must not not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.

Estate agents have just been given the go-ahead to market my basement flat in Salcombe.Conveyancing is yet to be initiated but I have just received a quarterly service charge invoice – what should I do?

Your conveyancing lawyer is likely to suggest that you should 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 managing agents 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've found a house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in Salcombe. Conveyancing advisers have are soon to be instructed. Will they explain the issues?

The majority of houses in Salcombe are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in Salcombe in which case you should be shopping around for a Salcombe conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions for example requiring the freeholder’spermission to carry out alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the house is located on an estate. Your lawyer will appraise you on the various issues.

Do you have any advice for leasehold conveyancing in Salcombe from the perspective of expediting the sale process?

  • Much of the delay in leasehold conveyancing in Salcombe can be avoided where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation needed by the buyers conveyancers.
  • The majority freeholders or managing agents in Salcombe charge for supplying management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Salcombe.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Salcombe leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord approving such alterations. Where you dont have the consents in place you should not communicate with the landlord without contacting your lawyer first.
  • A minority of Salcombe leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors.
  • If you have had conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be nervous about purchasing a property where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as over rather than unsettled.

    • Leasehold Conveyancing in Salcombe - A selection of Questions you should ask Prior to Purchasing

      How much is the ground rent and service charge? This question is useful as a) areas could result in problems in the building as the communal areas may start to deteriorate if services are not paid for b) if the leaseholders have a dispute with the managing agents you will wish to have all the details In the main the cost for major works are not included within service charges, albeit that some managing agents in Salcombe require leasehold owners to contribute towards a reserve fund and this is used to offset against major works.

    Other Topics

    Lease Extensions in Salcombe