My wife and I may need to let out our Camberwell 1st floor flat for a while due to taking a sabbatical. We instructed a Camberwell conveyancing firm in 2004 but they have closed and we did not have the foresight to get any advice as to whether the lease permits subletting. How do we find out?

Even though your previous Camberwell conveyancing solicitor is not around you can review your lease to see if you are permitted to let out the premises. The rule is that if the lease is non-specific, subletting is allowed. There may be a precondition that you must seek permission via your landlord or other appropriate person before subletting. The net result is that you cannot sublet without prior consent. Such consent must not not be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord for their consent.

I’m about to sell my garden apartment in Camberwell.Conveyancing is yet to be initiated but I have just received a yearly maintenance charge demand – what should I do?

The sensible thing to do is clear the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I work for a busy estate agent office in Camberwell where we have experienced a few leasehold sales derailed due to short leases. I have received inconsistent advice from local Camberwell conveyancing firms. Could you confirm whether the vendor of a flat can initiate the lease extension formalities 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 commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.

Can you provide any top tips for leasehold conveyancing in Camberwell from the point of view of speeding up the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Camberwell can be reduced where you get in touch lawyers the minute you market your property and ask them to collate the leasehold documentation needed by the buyers conveyancers.
• In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Camberwell leases often stipulate that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such changes. If you fail to have the approvals to hand you should not communicate with the landlord without checking with your solicitor first.
• A minority of Camberwell leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
• If you have the benefit of shareholding in the Management Company, you should ensure that you hold the original share document. Obtaining a replacement share certificate is often a time consuming process and slows down many a Camberwell conveyancing deal. If a new share certificate is required, do contact the company director and secretary or managing agents (where relevant) for this as soon as possible.
• You believe that you know the number of years remaining on your lease but you should double-check via your conveyancers. A buyer’s conveyancer will not be happy to advise their client to where the remaining number of years is under 80 years. In the circumstances it is important at an early stage that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

I have had difficulty in seeking a lease extension in Camberwell. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Most definitely. We can put you in touch with a Camberwell conveyancing firm who can help.

An example of a Freehold Enfranchisement case 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 was in relation to 3 flats. The the number of years remaining on the existing lease(s) was 968 years.

What makes a Camberwell lease defective?

There is nothing unique about leasehold conveyancing in Camberwell. All leases are individual and drafting errors can sometimes mean that certain sections are erroneous. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the premises
• A duty to insure the building
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• 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, Leeds Building Society, and Nottingham Building Society 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 is defective they may refuse to provide security, forcing the buyer to withdraw.

I am the registered owner of a leasehold flat in Camberwell, conveyancing formalities finalised 2003. Can you give me give me an indication of the likely cost of a lease extension? Corresponding properties in Camberwell with a long lease are worth £198,000. The average or mid-range amount of ground rent is £60 per annum. The lease ceases on 21st October 2086

With only 60 years remaining on your lease the likely cost is going to range between £20,900 and £24,200 as well as plus your own and the landlord's "reasonable" professional fees.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be additional concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information without first getting professional advice.