I am on look out for some leasehold conveyancing in Kew. Before diving in I require certainty as to the unexpired term of the lease.

Assuming the lease is recorded at the land registry - and almost all are in Kew - then the leasehold title will always include the basic details 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 wish to rent out my leasehold flat in Kew. Conveyancing solicitor who did the purchase is retired - so can't ask him. Do I need to ask my freeholder for permission?

The lease dictates relations between the landlord and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Kew do not prevent an absolute prevention of subletting – such a provision would undoubtedly devalue the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.

Looking forward to exchange soon on a leasehold property in Kew. Conveyancing solicitors have said that they will have a report out to me next week. What should I be looking out for?

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

• You should receive a copy of the lease

The total extent of the demise. This will be the flat itself but may incorporate a roof space or cellar if applicable.

Are pets allowed in the flat?

Does the lease prevent you from renting out the property, or having a home office for business

Repair and maintenance of the flat

Changes to the flat (alterations and additions)

What the implications are if you breach a clause of your lease? For a comprehensive list of information to be contained in your report on your leasehold property in Kew please enquire of your lawyer in advance of your conveyancing in Kew

Do you have any advice for leasehold conveyancing in Kew from the perspective of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Kew can be reduced if you instruct lawyers the minute your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives.
• The majority freeholders or Management Companies in Kew charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack 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 frequent reason for frustration in leasehold conveyancing in Kew.

In the event that you altered the property did you need the Landlord’s consent? Have you, for example installed wooden flooring? Most leases in Kew state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. If you fail to have the consents to hand do not communicate with the landlord without contacting your conveyancer in the first instance.

A minority of Kew 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 actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.

If you hold a share in a the freehold, you should ensure that you hold the original share document. Organising a re-issued share certificate can be a time consuming formality and frustrates many a Kew home move. If a duplicate share certificate is needed, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity.

All being well we will complete the sale of our £200000 flat in Kew on Monday in a week. The management company has quoted £360 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 Kew?

For most leasehold sales in Kew 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 conveyancing due diligence enquiries
• Where consent is required before sale in Kew
• Supplying insurance information
• 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 Kew leasehold property is £350. For Kew 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 supply the information.

Despite our best endeavours, we have been unsuccessful in negotiating a lease extension in Kew. Can the Leasehold Valuation Tribunal adjudicate on premiums?

You certainly can. We can put you in touch with a Kew conveyancing firm who can help.

An example of a Lease Extension matter before the tribunal for a Kew residence is Flat 1 30 Ennismore Avenue in September 2010. the Tribunal adopted and arrived at a premium for the lease extension of £29, 900 This case was in relation to 1 flat. The unexpired term was 68.34 years.

Other Topics

Lease Extensions in Kew