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South East London leasehold conveyancing Example Support Desk Enquiries

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

If the lease is recorded at the land registry - and most are in South East London - then the leasehold title will always include the basic details 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.

I have just started marketing my basement flat in South East London.Conveyancing has not commenced but I have just received a yearly maintenance charge demand – should I leave it to the buyer to sort out?

It best that you pay 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 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've found a house that appears to meet my requirements, at a reasonable figure which is making it all the more appealing. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a leasehold house in South East London. Conveyancing lawyers have are about to be instructed. Will my lawyers set out the risks of buying a leasehold house in South East London ?

Most houses in South East London are freehold and not leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. It is clear that you are buying in South East London so you should seriously consider looking for a South East London conveyancing solicitor and check that they are used to transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a tenant you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example obtaining the freeholder’sconsent to conduct changes to the property. It may be necessary to pay a service charge towards the upkeep of the estate where the property is part of an estate. Your conveyancer should report to you on the legal implications.

What advice can you give us when it comes to appointing a South East London conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a South East London conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non South East London conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions could be useful:

  • How many lease extensions has the firm conducted in South East London in the last 12 months?
  • Can they put you in touch with client in South East London who can give a testimonial?

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

    • Much of the delay in leasehold conveyancing in South East London can be reduced where you instruct lawyers the minute your agents start advertising the property and ask them to put together the leasehold documentation needed by the buyers solicitors.
    • The majority freeholders or Management Companies in South East London charge for supplying management packs for a leasehold homes. You or your lawyers should enquire as to the fee that they propose to charge. The management information 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 cause of frustration in leasehold conveyancing in South East London.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Most leases in South East London state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord approving such works. Where you dont have the paperwork to hand do not communicate with the landlord without checking with your conveyancer before hand.
  • Some South East London leases require Landlord’s consent to the sale and approval of the buyers. 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. The 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 freehold, you should make sure that you have the original share document. Arranging a replacement share certificate is often a lengthy formality and slows down many a South East London conveyancing transaction. If a reissued share certificate is necessary, you should approach the company officers or managing agents (if relevant) for this sooner rather than later.

    • I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal decide on such matters? Can you recommend a South East London conveyancing firm to act on my behalf?

    in cases where there is a missing landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to calculate the premium.

    An example of a Freehold Enfranchisement case for a South East London residence is 20 Avonwick Road in July 2013. The Tribunal was dealing with an application under Section 26 of the Leasehold Reform Housing and Urban Development Act 1993 for a determination of the freehold value of the property. It was concluded that the price to be paid was Fifteen Thousand Nine Hundred and Seventy (£15,970) divided as to £8,200 for Flat 20 and £7,770 for Flat 20A This case related to 1 flat. The the unexpired term as at the valuation date was 73.26 years.

    Other Topics

    Lease Extensions in South East London