Mews
Kensington flats
Click one of these topics relating to Kensington flats.
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Kensington flats in the Victorian eraMost Kensington flats in period houses are the result of conversions carried out in the 1970s or later. Many properties which were built as houses have long since been sub-divided into Kensington flats. Throughout the Victorian period, the builders constructed ever larger family houses and did not see Kensington flats as a market to cater to. However, by the 1890s there was a change in attitude. As a result the construction of buildings designed from the start to provide purpose-built Kensington flats became more prevalent. |
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Kensington flats made possible by improvements in sanitationSanitation was a major factor in the creation of Kensington flats. In the Georgian and early Victorian periods there was little or no public drainage in the streets. There was certainly no effective drainage inside buildings. So it was impractical to divide a building of several storeys into individual Kensington flats. But with the introduction of internal drainage and the invention of the flushing toilet, the various floors became more democratic and living in separate Kensington flats became a practical proposition. |
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The 20th century and the rise of Kensington flatsIn the Edwardian period huge blocks of Kensington flats were constructed. This trend towards purpose built Kensington flats continued in the inter-war period. After the Second World War, large family houses were increasingly impractical. Families were smaller and fewer servants were employed. Many houses fell into disuse and were then converted by developers into the Kensington flats of today. As houses were converted into Kensington flats, developers wanted to squeeze profit out of every available space, so you will see many Kensington flats with dormer windows in the gable roofs, or behind the balustrade. While certainly many of these were put in by original builders to be bedrooms for servants, a considerable number have been put in during the last thirty years as part of the conversion to Kensington flats in place of houses. |
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Communal maintenance of a block of Kensington flatsFor the owners of Kensington flats, the maintenance of the whole building has to be a communal matter. In small conversions with maybe 2 or 3 Kensington flats, it is practical for each flat owner to repair his own area – but even so it is unfair for the top flat owner to have to repair the roof. The fairer method, which is usually adopted, is that everyone in a building shares the cost of maintaining the roof, foundations and services. Each flat contributes a proportion which is normally calculated by reference to floor area. |
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Alterations to Kensington flatsYou must always check that you own what you want to alter. Most leases of Kensington flats would give the flat owner ownership of the interior of the flat – the plaster but not the walls themselves – which means that you will not be able to touch some parts e.g. structural walls and windows. Owners of Kensington flats do not necessarily have a free hand to alter their flats. The lease probably contains restrictions and rules on what they can do. For example, many leases of Kensington flats forbid alterations to the plan or layout of a flat without the landlord’s consent. That means you cannot knock through walls or move the bathroom. You need to read your lease for the particular provisions. The consent has to be in writing from the landlord, so you can produce it to a future buyer to prove you got the right permissions. For some alterations to Kensington flats you will need planning permission. If the block of Kensington flats is a listed building you will also need listed building consent. For some alterations to Kensington flats you will need building regulation consent. This is the local council’s control over how building works are carried out. You should consult a surveyor before starting work. |
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Kensington flats and your right to extend your leaseMany Kensington flats have relatively short leases – less than 60 years. In some circumstances the owner can have the lease extended. Owners of Kensington flats can only do this if their leases were originally granted for more than 21 years. The remaining qualification is that they have to have owned their Kensington flats for more than 2 years. (People who don’t live in their flat also have this right. It’s a change from the old rule that the right only applied to resident owners.) Once that 2 year period is up they should have the right to extend their lease terms, but the rules are more complicated than this short summary, so owners or buyers of Kensington flats must take advice on the specific facts. People who extend their leases get to own their Kensington flats for an extra 90 years. The 90 years is added on to what remains of the present term. For Kensington flats with 50 years left on the lease, then the new lease will be 50 plus 90, which equals 140 years. |
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Lease extensions of Kensington flats - Diminution in valueCalculating the price for extension leases of Kensington flats is a relatively complicated process. For qualifying Kensington flats, the flat owner is entitled to a new term at nil rent. The landlord loses out by the amount of the ground rent he would have got till the end of the current term. So for most Kensington flats there will be some compensation for the landlord for loss of that rent. |
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Lease extensions of Kensington flats - Marriage ValueFor Kensington flats with 80 years or more still to run, no marriage value is payable. For Kensington flats with lease terms below 80 years, marriage value is payable. The marriage value is a hugely complicated issue which expert surveyors can argue over for days. But in the simplest terms, it is roughly the difference between the expected value of a flat with the extra term and the present value with its short term. This is then split equally between the flat owner and the landlord and so the flat owner has to pay half the extra value to the landlord (and therefore gets half free). This is usually the big item for lease extensions of Kensington flats. |
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Lease extensions of Kensington flats - Other costsWhen making claims to extend leases of Kensington flats, the offer must be for a reasonable amount or the claim is considered invalid. That means you need to get a surveyor, expert in valuing Kensington flats, to give you some help in working out what figure to include in your claim. |
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Buying the freehold of a block of Kensington flatsThe owners of several Kensington flats can apply to buy the freehold of their building or 'enfranchise' it. It’s often called ‘the right to buy’. It’s a legal right which some flat owners in some blocks of Kensington flats have. It’s quite complicated so this is just a very broad summary and you need legal advice on the specific facts in your case. There must be at least 2 flats. (The existence of commercial premises in the building can remove the right to buy.) Two thirds of the qualifying flat owners must join in the application. Owners of Kensington flats qualify if their leases were originally granted for 21 years or more. So if you are in a block of Kensington flats and enough of your neighbours concur, you can join together to buy it. But I am not going to detail the prices or procedures since it’s more usual and easier to extend leases of Kensington flats as outlined above. |
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