Having had my offer accepted I require leasehold conveyancing in Camberwell. Before diving in I want to be sure as to the remaining lease term.

If the lease is recorded at the land registry - and almost all are in Camberwell - 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.

I today plan to offer on a house that appears to be perfect, at a reasonable figure which is making it more attractive. I have just found out that it's a leasehold as opposed to freehold. I am assuming that there are issues purchasing a house with a leasehold title in Camberwell. Conveyancing solicitors have not yet been instructed. Will they explain the issues?

Most houses in Camberwell 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. It is clear that you are buying in Camberwell in which case you should be looking for a Camberwell conveyancing solicitor and check that they have experience in transacting on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be entirely free to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’spermission to conduct changes to the property. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should advise you fully on all the issues.

I am employed by a reputable estate agent office in Camberwell where we have witnessed a number of flat sales derailed due to leases having less than 80 years remaining. I have been given contradictory information from local Camberwell conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Do you have any top tips for leasehold conveyancing in Camberwell from the perspective of expediting the sale process?

• Much of the delay in leasehold conveyancing in Camberwell can be reduced if you get in touch lawyers the minute you market your property and request that they start to collate the leasehold documentation needed by the purchasers’ representatives.
• Many landlords or managing agents in Camberwell charge for providing management packs for a leasehold premises. You or your lawyers should find out 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 typical amount of time it takes to receive management information is three weeks. It is the most common reason for delay in leasehold conveyancing in Camberwell.
• In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Camberwell leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such alterations. Should you dont have the approvals to hand you should not contact the landlord without contacting your lawyer in advance.
• If you have had any disputes with your landlord or managing agents it is essential that these are settled before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a property where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to present the dispute as over rather than unresolved.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Organising a re-issued share certificate can be a lengthy process and frustrates many a Camberwell conveyancing transaction. Where a reissued share is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

All being well we will complete the disposal of our £ 225000 garden flat in Camberwell on Thursday in a week. The management company has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Camberwell?

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

• Completing pre-contract enquiries
• Where consent is required before sale in Camberwell
• 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 lawyer will have no control over the level of the charges for this information but the average costs for the information for Camberwell leasehold premises is £350. For Camberwell 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 required to provide the information.

Having spent months of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Camberwell. Can we issue an application to the Residential Property Tribunal Service?

in cases where there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes it is possible to make an application to the LVT to judgment on the amount due.

An example of a Freehold Enfranchisement matter before the tribunal for a Camberwell premises is 28 Valmar Road in June 2013. this was a case with an absentee freeholder. As a result the leaseholders applied to the Lambeth County Court for an order dispensing with the giving of a notice of claim. On 25 April 2013 District Judge Zimmels made a vesting order and directed that the matter should be transferred to this tribunal to determine the premium. The tribunal concluded on a fi
gure of £1,125 This case related to 3 flats. The the unexpired residue of the current lease was 968 years.

Camberwell Leasehold Conveyancing - A selection of Queries before Purchasing

How much is the ground rent and service charge?