Planning to sign contracts shortly on a studio apartment in Kennington. Conveyancing solicitors have said that they are sending me a report within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Kennington should include some of the following:

• Defining your rights in relation to the communal areas in the building.For example, does the lease grant a right of way over a path or staircase?
• You should be told what constitutes a Nuisance in the lease
• Whether your lease has a provision for a sinking fund?
• Changes to the flat (alterations and additions)
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building
• What you can do if a neighbour is in violation of a provision in their lease?

I own a leasehold house in Kennington. Conveyancing and Halifax mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1992. The conveyancing practitioner in Kennington who previously acted has now retired.What should I do?

First make enquiries of the Land Registry to be sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Kennington conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

What advice can you give us when it comes to finding a Kennington conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Kennington conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with two or three firms including non Kennington conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be helpful:

• If they are not ALEP accredited then why not?
• What are the charges for lease extension work?

Do you have any advice for leasehold conveyancing in Kennington with the purpose of speeding up the sale process?

• A significant proportion of the delay in leasehold conveyancing in Kennington can be reduced where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ lawyers.
• The majority freeholders or Management Companies in Kennington levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Kennington.
• If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Kennington state that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord consenting to such alterations. If you dont have the consents to hand you should not contact the landlord without contacting your lawyer before hand.
• If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or settle 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 particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than ongoing.
• If you are supposed to have a share in the Management Company, you should make sure that you are holding the original share certificate. Organising a re-issued share certificate is often a lengthy process and frustrates many a Kennington conveyancing deal. If a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible.

I have had difficulty in trying to reach an agreement for a lease extension in Kennington. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a missing freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the First-tier Tribunal (Property Chamber) to calculate the price payable.

An example of a Lease Extension case for a Kennington flat is Ground Floor Flat 39 Bronsart Road in May 2010. Following a vesting order by West London County Court the Leasehold Valuation Tribunal concluded that the price to be paid for the extended lease of the premises was Thirteen Thousand Two hundred pounds (£13,200) in accordance with the valuation. The extended lease was granted for a term of 90 years from the expiry date of the Lease and at a peppercorn ground rent from the date of the vesting order. This case was in relation to 1 flat. The the unexpired term as at the valuation date was 74.77 years.

Are there common defects that you come across in leases for Kennington properties?

There is nothing unique about leasehold conveyancing in Kennington. Most leases is drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain parts of the property
• Insurance obligations
• A provision for the recovery of money spent for the benefit of another party.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Virgin Money, and TSB 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 problematic they may refuse to provide security, obliging the purchaser to pull out.

Leasehold Conveyancing in Kennington - Sample of Questions you should ask before buying

This information is useful as a) areas could result in problems in the block as the communal areas may begin to deteriorate where services remain unpaid b) if the tenants have an issue with the managing agents you will wish to have full disclosure Is the freehold reversion owned jointly by the leaseholders? You should want to discover as much as possible about the managing agents as they will either make living at the property much easier or a lot more difficult. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to day to day matters such as the cleanliness of the common parts. Enquire of prospective neighbours whether they are happy with them. Finally, investigate as to the dates that the maintenance fees are due to the managing agents and precisely what it includes.