I would like to sublet my leasehold flat in Kennington. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

Even though your previous Kennington conveyancing lawyer is not around you can review your lease to see if you are permitted to let out the property. The accepted inference is that if the lease is non-specific, subletting is allowed. There may be a precondition that you need to seek consent via your landlord or some other party prior to subletting. This means that you cannot sublet in the absence of prior consent. The consent must not not be unreasonably refused ore delayed. If the lease prohibits you from letting out the property you should ask your landlord if they are willing to waive this restriction.

Looking forward to sign contracts shortly on a studio apartment in Kennington. Conveyancing lawyers inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

• Does the lease require carpeting throughout thus preventing wood flooring?
• Are you allowed to have a pet in the flat?
• Does the lease prevent you from renting out the property, or having a home office for business
• 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.
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises 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 the implications are if you breach a clause of your lease?

Last month I purchased a leasehold flat in Kennington. Am I liable to pay service charges for periods before my ownership?

Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, 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 appointing a Kennington conveyancing practice to deal with our lease extension?

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 talk with two or three firms including non Kennington conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

• If they are not ALEP accredited then why not?
• How many lease extensions have they conducted in Kennington in the last 12 months?

Do you have any top tips for leasehold conveyancing in Kennington from the perspective of speeding up the sale process?

• Much of the delay in leasehold conveyancing in Kennington can be avoided where you instruct lawyers as soon as you market your property and ask them to collate the leasehold documentation which will be required by the buyers representatives.
• In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Kennington leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord consenting to such works. If you dont have the approvals in place you should not communicate with the landlord without checking with your solicitor in advance.
• Some Kennington leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual 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 service charge figures so that they can pass this information on to the buyers or their lawyers.
• If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic rather than unsettled.
• You believe that you know the number of years remaining on your lease but it would be advisable double-check via your conveyancers. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is less than 75 years. It is therefore important at an as soon as possible that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

I have tried to negotiate informally with with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Kennington conveyancing firm to act on my behalf?

You certainly can. We are happy to put you in touch with a Kennington conveyancing firm who can help.

An example of a Lease Extension case for a Kennington premises 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 affected 1 flat. The remaining number of years on the lease was 74.77 years.

Leasehold Conveyancing in Kennington - A selection of Questions you should ask Prior to Purchasing

This information is important as a) areas can result in problems in the block as the common areas may start to deteriorate if services are not paid for b) if the tenants have a dispute with the managing agents you will wish to know about it The majority of Kennington leasehold properties will be liable to pay a service bill for the upkeep of the block levied on behalf of the freeholder. If you buy the apartment you will have to pay this liability, normally in instalments during the year. This could be anything from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. In all probability there will be a ground rent for you to pay yearly, this is usually not a significant amount, say approximately £25-£75 but you need to check it because occasionally it can be surprisingly expensive.