Having had my offer accepted I require leasehold conveyancing in Yardley. Before I get started I would like to find out the unexpired term of the lease.

Assuming the lease is registered - and most are in Yardley - 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.

I wish to rent out my leasehold flat in Yardley. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?

The lease governs the relationship between the landlord and you the leaseholder; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain caveats. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Yardley do not contain subletting altogether – such a provision would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the sublease.

I have recently realised that I have Fifty years unexpired on my flat in Yardley. I now want to extend my lease but my landlord is absent. What options are available to me?

On the basis that 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 Court. However, you will be required to demonstrate that you have done all that could be expected to locate the lessor. In some cases a specialist would be useful to try and locate and to produce a report to be accepted by the court as proof that the freeholder can not be located. It is wise to seek advice from a solicitor both on proving the landlord’s disappearance and the vesting order request to the County Court covering Yardley.

What advice can you give us when it comes to choosing a Yardley conveyancing firm to deal with our lease extension?

If you are instructing a property lawyer for your lease extension (regardless if they are a Yardley conveyancing firm) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with several firms including non Yardley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. Some following of questions could be of use:

• How experienced is the firm with lease extension legislation?

Can they put you in touch with client in Yardley who can give a testimonial?

If all goes to plan we aim to complete our sale of a £175000 maisonette in Yardley in just under a week. The management company has quoted £312 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Yardley?

Yardley conveyancing on leasehold maisonettes normally necessitates fees being invoiced by freeholders :

• Addressing pre-exchange questions
• Where consent is required before sale in Yardley
• 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 solicitor will have no control over the level of the charges for this information but the average costs for the information for Yardley leasehold premises is £350. For Yardley 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 answers.

Yardley Leasehold Conveyancing - Examples of Questions you should consider before buying

The answer will be important as a) areas can cause problems for the building as the common areas may begin to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will wish to know about it Are any of leasehold owners in arrears of their service charge liability? Where a Yardley lease has no more than 80 years it will have adverse implications on the salability of the flat. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. A short lease means that you will almost definitely have to extend the lease sooner rather than later and you need to have some idea of what this will be. Remember, in most cases you will need to own the residence for 24 months before you are eligible to extend the lease.

Other Topics

Lease Extensions in Yardley