Expecting to complete next month on a basement flat in Brixton. Conveyancing lawyers assured me that they will have a report out to me on Monday. Are there areas in the report that I should be focusing on?

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

• You should be sent a copy of the lease

Defining your rights in respect of common areas in the block.By way of example, does the lease grant a right of way over an accessway or staircase?

You should be told what counts as a Nuisance in the lease

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

Whether your lease has a provision for a sinking fund?

You should have a good understanding of the insurance provisions

The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide. For a comprehensive list of information to be contained in your report on your leasehold property in Brixton please ask your conveyancer in advance of your conveyancing in Brixton

I've recently bought a leasehold property in Brixton. Do I have any liability for service charges for periods before completion of my purchase?

Where the service charge has already been demanded from the previous lessee 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. A critical element 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).

What are your top tips when it comes to choosing a Brixton conveyancing practice to carry out our lease extension conveyancing?

When appointing a conveyancer for your lease extension (regardless if they are a Brixton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you talk with several firms including non Brixton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be helpful:

• If the firm is not ALEP accredited then why not?

How many lease extensions has the firm completed in Brixton in the last year?

Can you provide any advice for leasehold conveyancing in Brixton with the aim of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Brixton can be avoided if you instruct lawyers the minute your agents start advertising the property and request that they start to collate the leasehold documentation needed by the buyers representatives.
• Many landlords or managing agents in Brixton levy fees for supplying management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Brixton.

If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Brixton state that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such works. Where you fail to have the consents in place you should not communicate with the landlord without checking with your conveyancer in the first instance.

If you have had conflict with your freeholder or managing agents it is very important that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of 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 clearly preferable to present the dispute as historic as opposed to unresolved.

If you hold a share in a the freehold, you should make sure that you are holding the original share document. Obtaining a duplicate share certificate can be a time consuming process and delays many a Brixton home move. If a duplicate share certificate is needed, you should approach the company director and secretary or managing agents (where applicable) for this sooner rather than later.

We expect to complete the sale of our £275000 apartment in Brixton next week. The freeholder has quoted £336 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Brixton?

For the majority of leasehold sales in Brixton conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Answering pre-contract questions
• Where consent is required before sale in Brixton
• Copies of the building insurance and schedule
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for Brixton leasehold property is £350. For Brixton conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to provide answers.

I have tried to negotiate informally with with my landlord to extend my lease without success. Can I make an application to the Leasehold Valuation Tribunal? Can you recommend a Brixton conveyancing firm to assist?

Most certainly. We can put you in touch with a Brixton conveyancing firm who can help.

An example of a Freehold Enfranchisement decision for a Brixton property is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case was in relation to 3 flats. The the number of years remaining on the existing lease(s) was 72.58 years.

Other Topics

Lease Extensions in Brixton