Guaranteed fixed fees for Leasehold Conveyancing in Stockwell

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Any conveyancing solicitor can theoretically deal with your leasehold conveyancing in Stockwell, your mortgage provider may not be willing to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to Stockwell leasehold conveyancing

Jane (my partner) and I may need to sub-let our Stockwell garden flat for a while due to a career opportunity. We instructed a Stockwell conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?

Some leases for properties in Stockwell do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Having checked my lease I have discovered that there are only 62 years left on my lease in Stockwell. I now wish to get lease extension but my freeholder is absent. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the freeholder. On the whole a specialist should be useful to carry out a search and to produce a report which can be used as proof that the landlord can not be located. It is wise to seek advice from a conveyancer both on devolving into the landlord’s absence and the application to the County Court covering Stockwell.

I have just appointed agents to market my basement apartment in Stockwell.Conveyancing has not commenced but I have just had a quarterly service charge invoice – should I leave it to the buyer to sort out?

It best that you clear the service charge 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 managing agents will not acknowledge the buyer unless 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.

Do you have any top tips for leasehold conveyancing in Stockwell with the intention of saving time on the sale process?

  • A significant proportion of the delay in leasehold conveyancing in Stockwell can be bypassed where you appoint lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the buyers representatives.
  • The majority landlords or Management Companies in Stockwell charge for supplying management packs for a leasehold property. You or your lawyers should discover the actual amount of the charges. The management information can be applied for on or before finding 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 frustration in leasehold conveyancing in Stockwell.
  • In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Stockwell leases often stipulate that internal structural alterations or addition of wooden flooring require a licence from the Landlord approving such works. Should you fail to have the paperwork in place you should not communicate with the landlord without contacting your conveyancer before hand.
  • Some Stockwell leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. Any 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 lawyers.
  • If you hold a share in a the Management Company, you should make sure that you are holding the original share certificate. Obtaining a re-issued share certificate is often a time consuming process and delays many a Stockwell conveyancing deal. Where a new share is needed, you should approach the company director and secretary or managing agents (where relevant) for this as soon as possible.

    • All being well we will complete the sale of our £250000 maisonette in Stockwell in just under a week. The managing agents has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a leasehold conveyance in Stockwell?

    Stockwell conveyancing on leasehold maisonettes more often than not requires the buyer’s lawyer sending questions for the landlord to answer. Although the landlord is under no legal obligation to address such questions most will be content to do so. They may invoice a reasonable administration fee for responding to enquiries or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge demanded by the landlord must be accompanied by a synopsis of entitlements and obligations in respect of administration fees, otherwise the charge is technically not due. In reality you have no choice but to pay whatever is demanded if you want to complete the sale of your home.

    Having spent years of correspondence we are unable to agree with our landlord on how much the lease extension should cost for our flat in Stockwell. Can we issue an application to the Residential Property Tribunal Service?

    Most definitely. We can put you in touch with a Stockwell conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a Stockwell flat is 3 Tintern Street in February 2010. The tribunal had jurisdiction to make a decision on the price of the freehold of the subject premises and concluded that the premium should be £24,630.00 This case related to 2 flats. The the number of years remaining on the existing lease(s) was 73.69 years.