I am on look out for some leasehold conveyancing in Upper Tooting. Before diving in I would like to find out the unexpired term of the lease.

If the lease is registered - and 99.9% are in Upper Tooting - 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.

Planning to exchange soon on a ground floor flat in Upper Tooting. Conveyancing solicitors inform me that they are sending me a report tomorrow. Are there areas in the report that I should be focusing on?

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

• You should receive a copy of the lease

The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of not letting the lease term falling below eighty years

Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord

Are pets allowed in the flat?

You need to be told what constitutes a Nuisance in the lease

Repair and maintenance of the flat

The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building For details of the information to be contained in your report on your leasehold property in Upper Tooting please enquire of your conveyancer in advance of your conveyancing in Upper Tooting

Back In 2001, I bought a leasehold flat in Upper Tooting. Conveyancing and Barnsley Building Society mortgage went though with no issue. I have received a letter from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Upper Tooting who previously acted has long since retired.Any advice?

The first thing you should do is make enquiries of the Land Registry to be sure that this person is indeed the new freeholder. You do not need to instruct a Upper Tooting conveyancing lawyer to do this as it can be done on-line for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

Completion in due on our sale of a £300000 maisonette in Upper Tooting next Thursday . The freeholder has quoted £384 for Certificate of Compliance, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Upper Tooting?

Upper Tooting conveyancing on leasehold apartments typically results in administration charges invoiced by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in Upper Tooting
• Copies of the building insurance and schedule
• 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 Upper Tooting leasehold property is £350. For Upper Tooting 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 the information.

What makes a Upper Tooting lease defective?

There is nothing unique about leasehold conveyancing in Upper Tooting. Most leases are unique and legal mistakes in the legal wording can result in certain sections are wrong. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain elements of the building
• A duty to insure the building
• 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 will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Yorkshire Building Society, Skipton Building Society, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to grant the mortgage, forcing the purchaser to pull out.

Upper Tooting Conveyancing for Leasehold Flats - A selection of Queries Prior to Purchasing

Its a good idea to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to daily matters such as the cleanliness of the common parts. Ask prospective neighbours if they are happy with them. Finally, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. How many of the leaseholders are in arrears for their maintenance charge payments? For most Upper Tooting leaseholds the outlay for major works tend not to be included within maintenance charges, albeit that a few managing agents in Upper Tooting require leaseholders to pay into a reserve fund and this is used to offset against major repairs or maintenance.

Other Topics

Lease Extensions in Upper Tooting