Sample questions relating to Kingston leasehold conveyancing
Due to exchange soon on a garden flat in Kingston. Conveyancing lawyers assured me that they report fully next week. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Kingston should include some of the following:
- The total extent of the premises. This will be the flat itself but could also include a roof space or basement if appropriate.
I've found a house that seems to meet my requirements, at a great price which is making it all the more appealing. I have just been informed that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Kingston. Conveyancing solicitors have are soon to be instructed. Will my lawyers set out the implications 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 so you should seriously consider looking for a Kingston conveyancing practitioner and be sure that they are used to dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should advise you fully on all the issues.
Can you offer any advice when it comes to finding a Kingston conveyancing practice to deal with our lease extension?
If you are instructing a solicitor for lease extension works (regardless if they are a Kingston conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non Kingston conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be of use:
- How many lease extensions has the firm conducted in Kingston in the last year?
Completion in due on the disposal of our £225000 maisonette in Kingston in just under a week. The landlords agents has quoted £336 for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in Kingston?
Kingston conveyancing on leasehold maisonettes more often than not involves the purchaser’s lawyer sending enquiries for the landlord to answer. Although the landlord is not legally bound to respond to such questions most will be content to assist. They are at liberty invoice a reasonable charge for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is £350, in some situations it is above £800. The administration charge demanded by the landlord must be sent together with a synopsis of entitlements and obligations in relation to administration charges, without which the charge is not strictly payable. Reality however dictates that one has little choice but to pay whatever is demanded if you want to exchange contracts with the buyer.
What are the frequently found problems that you encounter in leases for Kingston properties?
There is nothing unique about leasehold conveyancing in Kingston. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:
- Repairing obligations to or maintain parts of the premises
- Insurance obligations
- 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
You will encounter a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Lloyds TSB Bank, Coventry Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Kingston Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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Best to be warned whether redecorating or some other major work is anticipated that will be shared between the tenants and will dramatically impact the level of the service fees or necessitate a one time payment.
Many Kingston leasehold flats will have a service bill for the upkeep of the building levied by the landlord. Should you acquire the flat you will have to meet this contribution, normally periodically accross the year. This can be anything from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a rentcharge to be met yearly, this is usually not a large amount, say approximately £25-£75 but you need to check it because on occasion it could be many hundreds of pounds.
Where a Kingston lease has fewer than eighty years it will impact the marketability of the flat. It is worth checking with your lender that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension at some point and it is worth discovering what this will be. Remember, in most cases you would be be obliged to have been the owner of the residence for 24 months before you are legally able to carry out a lease extension.
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