Fixed-fee leasehold conveyancing in Kingston Vale:

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Kingston Vale leasehold conveyancing: Q and A’s

Having checked my lease I have discovered that there are only Sixty One years remaining on my flat in Kingston Vale. I need to extend my lease but my freeholder is absent. What are my options?

If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to track down the landlord. In some cases a specialist may be useful to carry out a search and to produce an expert document to be used as proof that the freeholder can not be located. It is advisable to get professional help from a property lawyer in relation to devolving into the landlord’s absence and the vesting order request to the County Court overseeing Kingston Vale.

I am tempted by the attractive purchase price for a two apartments in Kingston Vale both have in the region of 50 years left on the leases. Will this present a problem?

There are plenty of short leases in Kingston Vale. The lease is a legal document that entitles you to use the property for a period of time. As a lease shortens the marketability of the lease deteriorate and it becomes more expensive to acquire a lease extension. For this reason it is generally wise to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a protracted process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this field

I've recently bought a leasehold flat in Kingston Vale. Am I liable to pay service charges for periods before completion of my purchase?

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. However, your landlord may still be able to take action to forfeit the lease. It is an essential part 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 Kingston Vale conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for lease extension works (regardless if they are a Kingston Vale conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Kingston Vale conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be useful:

  • If they are not ALEP accredited then why not?
  • How many lease extensions has the firm carried out in Kingston Vale in the last 12 months?

    • Do you have any advice for leasehold conveyancing in Kingston Vale with the purpose of expediting the sale process?

    • Much of the delay in leasehold conveyancing in Kingston Vale can be reduced where you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers conveyancers.
    • The majority landlords or Management Companies in Kingston Vale charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management information can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Kingston Vale.
  • If you have carried out any alterations to the property would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Kingston Vale state that internal structural alterations or laying down wooden flooring require a licence from the Landlord acquiescing to such changes. Should you dont have the approvals in place you should not contact the landlord without checking with your conveyancer first.
  • If you have the benefit of shareholding in the Management Company, you should make sure that you have the original share certificate. Arranging a replacement share certificate is often a lengthy process and frustrates many a Kingston Vale conveyancing deal. Where a new share is needed, do contact the company director and secretary or managing agents (if relevant) for this as soon as possible.
  • You may think that you are aware of the number of years remaining on your lease but it would be advisable double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 75 years. In the circumstances it is essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

    • Having spent years of correspondence we simply can't agree with our landlord on how much the lease extension should cost for our flat in Kingston Vale. Can we issue an application to the Residential Property Tribunal Service?

    Absolutely. We are happy to put you in touch with a Kingston Vale conveyancing firm who can help.

    An example of a Freehold Enfranchisement decision for a Kingston Vale property is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case was in relation to 3 flats. The unexpired lease term was 66.25 years.

    Other Topics

    Lease Extensions in Kingston Vale