Fixed-fee leasehold conveyancing in Kingston:

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While any conveyancing practice can theoretically handle your leasehold conveyancing in Kingston, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Top Five Questions relating to Kingston leasehold conveyancing

Jane (my partner) and I may need to sub-let our Kingston garden flat for a while due to a new job. We used a Kingston conveyancing practice in 2004 but they have closed 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 Kingston do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience dictates 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 consent.

Looking forward to complete next month on a leasehold property in Kingston. Conveyancing solicitors inform me that they are sending me a report tomorrow. What should I be looking out for?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, freeholder
  • Defining your rights in respect of the communal areas in the building.E.G., does the lease contain a right of way over a path or staircase?
  • Whether the lease restricts you from subletting the flat, or having a home office for business
  • An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
  • Repair and maintenance of the flat
  • I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in Kingston please ask your conveyancer in ahead of your conveyancing in Kingston

    • I've found a house that seems to meet my requirements, at a reasonable price which is making it more attractive. I have since discovered that it's a leasehold rather than freehold. I would have thought that there are particular concerns purchasing a leasehold house in Kingston. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in Kingston ?

    The majority of houses in Kingston are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Kingston in which case you should be looking for a Kingston conveyancing solicitor and check that they have experience in advising on leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a tenant you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as requiring the landlord’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the house is located on an estate. Your lawyer should appraise you on the various issues.

    What advice can you give us when it comes to finding a Kingston conveyancing practice to deal with our lease extension?

    When appointing a conveyancer for your lease extension (regardless if they are a Kingston conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Kingston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • How many lease extensions has the firm completed in Kingston in the last 12 months?
  • What are the charges for lease extension conveyancing?

    • Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £500000 maisonette in Kingston in 10 days. The landlords agents has quoted £408 for Landlord’s certificate, insurance certificate and previous years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Kingston?

    Kingston conveyancing on leasehold apartments normally involves the purchaser’s conveyancer submitting questions for the landlord to address. Although the landlord is under no legal obligation to address such questions the majority will be content to do so. They may invoice a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. 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 demanded by the landlord must be sent together with a summary of entitlements and obligations in respect of administration charges, without which the invoice is not strictly payable. In reality one has no choice but to pay whatever is requested of you should you wish to sell the property.

    Kingston Leasehold Conveyancing - Examples of Queries Prior to Purchasing

      How many of the leaseholders are in arrears for their service charge payments? Best to be warned whether changing the roof or some other significant cost is anticipated to be shared by the leasehold owners and may well materially impact the level of the service charges or result in a specific invoice. It would be prudent to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents from a financial perspective and when it comes to daily matters such as the upkeep of the common parts. You should not be afraid to ask other tenants whether they are happy with them. On a final note, find out the dates that the service charges are due to the relevant party and precisely what it includes.

    Other Topics

    Lease Extensions in Kingston