Experts for Leasehold Conveyancing in Salcombe

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While any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Salcombe, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Common questions relating to Salcombe leasehold conveyancing

I have recently realised that I have 62 years left on my flat in Salcombe. I need to get lease extension but my landlord is missing. 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 for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the Court. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to locate the landlord. In some cases a specialist should be useful to conduct investigations and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court overseeing Salcombe.

Last month I purchased a leasehold flat in Salcombe. Do I have any liability for service charges relating to a period prior to my ownership?

In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you offer any advice when it comes to choosing a Salcombe conveyancing practice to deal with our lease extension?

When appointing a property lawyer for your lease extension (regardless if they are a Salcombe conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Salcombe conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be of use:

  • How familiar is the practice with lease extension legislation?
  • If the firm is not ALEP accredited then what is the reason?

    • Can you provide any top tips for leasehold conveyancing in Salcombe with the purpose of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Salcombe can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers lawyers.
    • The majority freeholders or Management Companies in Salcombe levy fees for providing management packs for a leasehold premises. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Salcombe.
  • In the event that you altered the property did you need the Landlord’s consent? In particular have you laid down wooden flooring? Most leases in Salcombe state that internal structural changes or installing wooden flooring calls for a licence issued by the Landlord consenting to such changes. Where you dont have the paperwork to hand do not contact the landlord without checking with your solicitor in advance.
  • If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Arranging a duplicate share certificate is often a lengthy process and delays many a Salcombe conveyancing deal. Where a reissued share certificate is necessary, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your solicitors. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 80 years. It is therefore important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale.

    • What makes a Salcombe lease problematic?

    There is nothing unique about leasehold conveyancing in Salcombe. Most leases are individual and legal mistakes in the legal wording can result in certain sections are not included. The following missing provisions could result in a defective lease:

    • A provision to repair to or maintain elements of the premises
    • 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. Yorkshire Building Society, Norwich and Peterborough Building Society, and TSB all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the buyer to pull out.

    Salcombe Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

      This question is important as a) areas could result in problems for the block as the communal areas may start to deteriorate where services remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to have all the details What is the the remaining lease term? Is the freehold owned collectively by the leaseholders?

    Other Topics

    Lease Extensions in Salcombe