Frank (my husband) and I may need to rent out our Clapham 1st floor flat for a while due to taking a sabbatical. We used a Clapham conveyancing firm in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?

A small minority of properties in Clapham do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to review 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 consent.

I've found a house that seems to tick a lot of boxes, at a reasonable figure which is making it more attractive. I have subsequently been informed that the title is leasehold rather than freehold. I would have thought that there are issues purchasing a leasehold house in Clapham. Conveyancing advisers have are soon to be appointed. Will my lawyers set out the risks of buying a leasehold house in Clapham ?

Most houses in Clapham are freehold rather than leasehold. This is one of the situations where having a local solicitor who is familiar with the area can help the conveyancing process. We note that you are purchasing in Clapham so you should seriously consider looking for a Clapham 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 lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the freeholder’sconsent to carry out alterations. It may be necessary to pay a maintenance charge towards the upkeep of the estate where the house is located on an estate. Your lawyer should advise you fully on all the issues.

I own a leasehold flat in Clapham. Conveyancing and Nationwide Building Society mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a ground rent demand for rent dating back to 1996. The conveyancing practitioner in Clapham who acted for me is not around.Any advice?

The first thing you should do is contact HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to incur the fees of a Clapham conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

I am tempted by the attractive purchase price for a couple of flats in Clapham which have approximately forty five years remaining on the lease term. Will this present a problem?

A lease is a right to use the premises for a period of time. As a lease shortens the saleability of the lease decreases and results in it becoming more expensive to acquire a lease extension. This is why it is advisable to extend the lease term. It is often difficult to sell a property with a short lease as mortgage lenders less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a solicitor and surveyor with experience in this area

What are your top tips when it comes to finding a Clapham conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for lease extension works (regardless if they are a Clapham conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We suggested that you speak with several firms including non Clapham conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions could be of use:

• What volume of lease extensions have they conducted in Clapham in the last 12 months?
• What are the legal fees for lease extension work?

I have had difficulty in trying to reach an agreement for a lease extension in Clapham. Can this matter be resolved via the Leasehold Valuation Tribunal?

Where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to assess the sum to be paid.

An example of a Freehold Enfranchisement matter before the tribunal for a Clapham premises is 23 Chelsham Road in May 2013. the Tribunal fou
nd that the sum of £13,870.00 was payable for the freehold following a vestig order having been granted by Swansea County Court dated 1st March 2013 This case affected 3 flats. The unexpired lease term was 99 years.

Clapham Leasehold Conveyancing - A selection of Questions you should consider before Purchasing

Many Clapham leasehold flats will have a service charge for maintenance of the block invoiced by the landlord. If you buy the flat you will have to meet this liability, usually periodically during the year. This may vary from a couple of hundred pounds to thousands of pounds for blocks with lifts and large common areas. In all probability there will be a ground rent to be met yearly, this is usually not a large figure, say approximately £25-£75 but you need to check as sometimes it could be many hundreds of pounds. Is there a share of the freehold?