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While any conveyancing practice can theoretically deal with your leasehold conveyancing in Kingston upon Thames, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Kingston upon Thames leasehold conveyancing: Q and A’s

I am in need of some leasehold conveyancing in Kingston upon Thames. Before I get started I would like to find out the remaining lease term.

Assuming the lease is registered - and 99.9% are in Kingston upon Thames - 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.

Due to sign contracts shortly on a basement flat in Kingston upon Thames. Conveyancing solicitors have said that they report fully tomorrow. Are there areas in the report that I should be focusing on?

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

  • You should be sent a copy of the lease
  • Are pets allowed in the flat?
  • Does the lease prevent you from subletting the flat, or working from home
  • Changes to the flat (alterations and additions)
  • 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 For details of the information to be included in your report on your leasehold property in Kingston upon Thames please ask your conveyancer in advance of your conveyancing in Kingston upon Thames

    • Estate agents have just been given the go-ahead to market my basement flat in Kingston upon Thames.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?

    It best that you discharge 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 management companies will not acknowledge the buyer until 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. This will smooth the conveyancing process.

    I today plan to offer on a house that appears to meet my requirements, at a great price which is making it more attractive. I have just discovered that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns buying a house with a leasehold title in Kingston upon Thames. Conveyancing advisers have are about to be appointed. Will they explain the issues?

    The majority of houses in Kingston upon Thames are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. It is clear that you are purchasing in Kingston upon Thames so you should seriously consider shopping around for a Kingston upon Thames conveyancing solicitor and be sure 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 at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the freeholder’spermission to conduct alterations. It may be necessary to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your conveyancer will report to you on the legal implications.

    Can you provide any top tips for leasehold conveyancing in Kingston upon Thames with the intention of speeding up the sale process?

    • Much of the delay in leasehold conveyancing in Kingston upon Thames can be avoided if you get in touch lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the buyers lawyers.
    • Many landlords or Management Companies in Kingston upon Thames levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the fee that they propose to charge. The management pack 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 delay in leasehold conveyancing in Kingston upon Thames.
  • In the event that you altered the property did you need the Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Kingston upon Thames state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord consenting to such alterations. If you dont have the paperwork to hand do not communicate with the landlord without contacting your lawyer in the first instance.
  • Some Kingston upon Thames leases require Licence to Assign from the landlord. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are 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 hold a share in a the Management Company, you should make sure that you hold the original share document. Arranging a duplicate share certificate can be a time consuming process and frustrates many a Kingston upon Thames conveyancing transaction. Where a duplicate share is needed, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.

    • I inherited a ground floor flat in Kingston upon Thames. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the premium payable for a lease extension?

    in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to calculate the amount due.

    An example of a Lease Extension case for a Kingston upon Thames property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.

    Other Topics

    Lease Extensions in Kingston upon Thames