Frank (my husband) and I may need to sub-let our Bardsley garden flat for a while due to a new job. We instructed a Bardsley conveyancing firm in 2001 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?

Even though your last Bardsley conveyancing lawyer is not around you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is permitted. There may be a precondition that you need to obtain consent via your landlord or some other party before subletting. This means you not allowed to sublet without prior consent. Such consent is not allowed to be unreasonably withheld. If the lease does not allow you to sublet you should ask your landlord for their consent.

Having checked my lease I have discovered that there are only 68 years remaining on my flat in Bardsley. I now want to get lease extension but my freeholder is missing. What should I do?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have used your best endeavours to find the landlord. In some cases an enquiry agent may be useful to carry out a search and prepare a report which can be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a conveyancer both on proving the landlord’s disappearance and the vesting order request to the County Court covering Bardsley.

I am hoping to sign contracts shortly on a basement flat in Bardsley. Conveyancing lawyers have said that they report fully within the next couple of days. What should I be looking out for?

The report on title for your leasehold conveyancing in Bardsley should include some of the following:

• The length of the lease term You should be advised as what happens when the lease expires, and aware of the importance of the 80 year mark
• The total extent of the property. This will be the flat itself but could also include a loft or basement if applicable.
• Setting out your legal entitlements in respect of the communal areas in the building.For example, does the lease contain a right of way over a path or hallways?
• You must be told what constitutes a Nuisance in the lease
• Ground rent - how much and when you need to pay, and also know whether this will change in the future
• 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
• Responsibility for repairing the window frames

I am employed by a long established estate agent office in Bardsley where we have witnessed a few flat sales derailed due to short leases. I have been given contradictory information from local Bardsley conveyancing firms. Can you confirm whether the owner of a flat can commence the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

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

When appointing a property lawyer for your lease extension (regardless if they are a Bardsley conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you make enquires with several firms including non Bardsley conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions might be helpful:

• How many lease extensions have they completed in Bardsley in the last year?
• Can they put you in touch with client in Bardsley who can give a testimonial?

I own a garden flat in Bardsley, conveyancing having been completed 2005. Can you please calculate a probable premium for a statutory lease extension? Equivalent properties in Bardsley with over 90 years remaining are worth £210,000. The average or mid-range amount of ground rent is £65 charged once a year. The lease ceases on 21st October 2099

With 73 years remaining on your lease the likely cost is going to range between £11,400 and £13,200 as well as plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of detailed investigations. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.