Having had my offer accepted I require leasehold conveyancing in New Cross. Before I get started I require certainty as to the remaining lease term.

Assuming the lease is registered - and almost all are in New Cross - 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.

Looking forward to complete next month on a garden flat in New Cross. Conveyancing solicitors assured me that they are sending me a report next week. What should I be looking out for?

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

• You should receive a copy of the lease

The physical extent of the demise. This will be the property itself but could also incorporate a roof space or basement if applicable.

Setting out your legal entitlements in relation to common areas in the block.E.G., does the lease contain a right of way over a path or staircase?

Are you allowed to have a pet in the flat?

Whether the lease restricts you from letting out the flat, or having a home office for business

Ground rent - how much and when you need to pay, and also know whether this will change in the future

Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice? For a comprehensive list of information to be contained in your report on your leasehold property in New Cross please ask your solicitor in advance of your conveyancing in New Cross

Can you offer any advice when it comes to appointing a New Cross conveyancing practice to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a New Cross conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non New Cross conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• If the firm is not ALEP accredited then what is the reason?

How many lease extensions has the firm carried out in New Cross in the last year?

Our conveyancer has advised that he intends to complete and exchange simultaneously on the disposal of our £200000 apartment in New Cross in just under a week. The managing agents has quoted £408 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in New Cross?

For most leasehold sales in New Cross conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :

• Addressing pre-exchange enquiries
• Where consent is required before sale in New Cross
• 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 New Cross leasehold premises is £350. For New Cross 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 provide answers.

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 issues? Can you recommend a New Cross conveyancing firm to help?

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

An example of a Freehold Enfranchisement matter before the tribunal for a New Cross premises is 41 Endwell Road in March 2013. this matter relateed to the acquisition of the freehold of a mid- terraced Victorian house converted into three separate self-contained dwellings. By an order dated 28/11/2012, Deputy District Judge Cole in the Bromley County Court held that the leaseholders were entitled to acquire the freehold and directed that the premium payable be determined by this Tribunal. The Tribunal assessed the premium to be £14,753 This case was in relation to 3 flats. The the unexpired residue of the current lease was 80.01 years.

What makes a New Cross lease problematic?

Leasehold conveyancing in New Cross is not unique. All leases are individual and drafting errors can sometimes mean that certain sections are not included. The following missing provisions could result in a defective lease:

• Repairing obligations to or maintain elements of the property
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

A defective lease can cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Birmingham Midshires, The Royal Bank of Scotland, and Barclays Direct all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is defective they may refuse to provide security, obliging the purchaser to withdraw.

Other Topics

Lease Extensions in New Cross