I am on look out for some leasehold conveyancing in Kentish Town. Before diving in I would like to find out the remaining lease term.

If the lease is recorded at the land registry - and most are in Kentish Town - 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.

Looking forward to sign contracts shortly on a leasehold property in Kentish Town. Conveyancing solicitors inform me that they will have a report out to me tomorrow. What should I be looking out for?

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

• The physical extent of the premises. This will be the flat itself but might incorporate a roof space or cellar if applicable.
• Defining your rights in respect of the communal areas in the block.For example, does the lease include a right of way over a path or staircase?
• Does the lease require carpeting throughout thus preventing wood flooring?
• Are pets allowed in the flat?
• You need to be told what constitutes a Nuisance in the lease
• Ground rent - how much and when you need to pay, and also know whether this is subject to change
• 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

Can you provide any top tips for leasehold conveyancing in Kentish Town from the perspective of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Kentish Town can be reduced where you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the buyers conveyancers.
• A minority of Kentish Town leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are 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 solicitors.
• If there is a history of conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The buyers and their solicitors will be nervous about purchasing a flat where a dispute is unsettled. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unsettled.
• If you have the benefit of shareholding in the freehold, you should make sure that you hold the original share certificate. Organising a new share certificate is often a lengthy process and delays many a Kentish Town conveyancing transaction. If a new share is necessary, do contact the company officers or managing agents (where applicable) for this sooner rather than later.
• You may think that you are aware of the number of years left on your lease but it would be wise to verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to to exchange contracts if the lease term is less than 80 years. It is therefore essential at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Our conveyancer has advised that he intends to complete and exchange simultaneously on our sale of a £ 225000 apartment in Kentish Town on Wednesday in a week. The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Kentish Town?

Kentish Town conveyancing on leasehold maisonettes usually necessitates the purchaser’s conveyancer sending enquiries for the landlord to answer. Although the landlord is under no legal obligation to respond to these enquiries the majority will be willing to do so. They may levy a reasonable charge for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it exceeds £800. The administration charge invoiced by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, without which the invoice is technically not due. In reality you have no choice but to pay whatever is demanded should you wish to exchange contracts with the buyer.

My wife and I have hit a brick wall in seeking a lease extension in Kentish Town. Can this matter be resolved via the Leasehold Valuation Tribunal?

Absolutely. We are happy to put you in touch with a Kentish Town conveyancing firm who can help.

An example of a Lease Extension case for a Kentish Town residence is Flat 2 27 Mackeson Road in December 2012. The Tribunal assessed the value of the lease extension premium at £35,435 and rounded the figure to £35,500 This case affected 1 flat. The the unexpired term as at the valuation date was 64.77 years.

What makes a Kentish Town lease problematic?

There is nothing unique about leasehold conveyancing in Kentish Town. All leases are unique and legal mistakes in the legal wording can sometimes mean that certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:

• Repairing obligations to or maintain elements of the premises
• A duty to insure the building
• A provision for the recovery of money spent for the benefit of another party.
• Service charge per centages that don't add up correctly leaving a shortfall

A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Santander, The Royal Bank of Scotland, and Bank of Ireland all have very detailed 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, obliging the purchaser to pull out.

Kentish Town Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

How many years remain on the lease? Best to be warned whether redecorating or some other significant cost is coming up to be shared by the leasehold owners and could well materially increase the the maintenance fees or necessitate a one off invoice. The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders have control and although a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves.