I am in need of some leasehold conveyancing in South Kensington. Before diving in I would like to find out the number of years remaining on the lease.

Assuming the lease is registered - and 99.9% are in South Kensington - 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.

Having checked my lease I have discovered that there are only 62 years unexpired on my lease in South Kensington. I am keen to get lease extension but my landlord is absent. What should I do?

On the basis that you qualify, 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 enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to locate the landlord. On the whole an enquiry agent should be useful to try and locate and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s absence and the vesting order request to the County Court covering South Kensington.

Can you offer any advice when it comes to choosing a South Kensington conveyancing practice to carry out our lease extension conveyancing?

If you are instructing a conveyancer for lease extension works (regardless if they are a South Kensington conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non South Kensington conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• What volume of lease extensions have they conducted in South Kensington in the last twenty four months?
• Can they put you in touch with client in South Kensington who can give a testimonial?

Can you provide any top tips for leasehold conveyancing in South Kensington from the perspective of expediting the sale process?

• Much of the frustration in leasehold conveyancing in South Kensington can be avoided if you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ solicitors.
• If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you laid down wooden flooring? Most leases in South Kensington state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord approving such changes. Where you dont have the approvals to hand do not contact the landlord without contacting your solicitor in the first instance.
• If there is a history of any disputes with your freeholder or managing agents it is essential that these are settled prior to the flat being put on the market. The buyers and their solicitors will be nervous about purchasing a flat where there is an ongoing dispute. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 better to reveal the dispute as over rather than unsettled.
• If you hold a share in a the Management Company, you should ensure that you have the original share certificate. Arranging a duplicate share certificate can be a lengthy process and delays many a South Kensington conveyancing transaction. If a new share certificate is necessary, you should approach the company officers or managing agents (where applicable) for this at the earliest opportunity.
• You believe that you know the number of years remaining on your lease but you should double-check by asking your solicitors. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. It is therefore important at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

All being well we will complete our sale of a £ 275000 maisonette in South Kensington next Friday . The landlords agents has quoted £<Macro 'feeRangeWithVAT'> for Landlord’s certificate, insurance certificate and previous years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in South Kensington?

South Kensington conveyancing on leasehold apartments normally requires the purchaser’s lawyer sending enquiries for the landlord to address. Although the landlord is not legally bound to respond to these enquiries most will be willing to assist. They are entitled charge a reasonable charge for answering questions or supplying documentation. There is no upper cap for such fees. The average costs for the paperwork that you are referring to is over three hundred pounds, in some cases it is in excess of £800. The administration charge invoiced by the landlord must be sent together with a synopsis of entitlements and obligations in respect of administration charges, otherwise the charge is technically not due. In reality one has no option but to pay whatever is requested of you if you want to exchange contracts with the buyer.

I have given up trying to reach an agreement for a lease extension in South Kensington. Can the Leasehold Valuation Tribunal adjudicate on premiums?

in cases where there is a absentee freeholder or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the LVT to assess the amount due.

An example of a Lease Extension decision for a South Kensington residence is Flat 16 21/22 Stanhope Gardens in November 2010. the Leasehold Valuation Tribunal concluded that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993, was £106,975 This case related to 1 flat. The the unexpired term as at the valuation date was 51.93 years.

South Kensington Conveyancing for Leasehold Flats - Sample of Queries Prior to buying

The best form of lease arrangement is a share of the freehold. In this scenario the leaseholders enjoy control and although a managing agent is often retained where it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Is anyone aware of any major works anticipated that will add a premium to the maintenance charges?