lease extension

12:20 11 May in News & Case Studies

Most flats in the UK are sold as leaseholdhold so if you own a flat you probably have a leasehold – a contractual agreement between the leaseholdholder also the landlord – or freeholder. The leasehold gives you conditional ownership for a set period of time.

The contents of the leasehold will also agree the leaseholdholder conditions also obligations such as payment of ground rent also maintenance costs also what the landlord must also be responsible for, such as property maintenance.

The particular amount of time that a leasehold is granted for is known as the ‘term’ also is a diminishing asset – losing value over time as the length of the term decreases.

A statutory leasehold extension allows a leaseholdholder to add 90 years onto the term remaining on their leasehold. If your current leasehold has 80 years left on it, then the extended, leasehold would be for 170 years.

Why should you consider a leasehold extension?

As the years left on the leasehold decrease, so does the value of the property. Not only that, but the amount that you will have to pay the freeholder to extend the leasehold is likely to increase.

When buying a leaseholdhold property, a prospective buyer will look at the number of years left on the leasehold. Anything under 80 years will be considered undesirable as the leasehold would need to extended at a cost. If may also be more difficult for a prospective buyer to obtain a mortgage on the property, as some lenders will not offer a mortgage if the leasehold has only a short time remaining. A leasehold extension may therefore be required to simply sell the property.

The statutory leasehold extension process

There are two routes that you can take to extend your leasehold:

  • A voluntary leasehold extension

An informal process, you can approach the freeholder directly to negotiate a leasehold extension between you. This is particularly beneficial if you have a good relationship with your landlord, as this informal agreement can be cheaper also faster in the short term, avoiding immediate legal costs. You can also potentially agree on more flexible terms in the leasehold.

If you are considering this option, do however consider that an unscrupulous landlord may overcharge you to extend your leasehold, only agree to a short term extension or increase your ground rent charges in future – all factors which could impact you financially also affect the ability to sell your property in the future.

  • A statutory leasehold extension a formal process

If you can’t agree an informal leasehold agreement, as the leaseholdholder you have the option of a formal statutory leasehold extension under the Leaseholdhold Reform Housing & Urban Development Act 1993 (as amended).

Who qualifies for a statutory leasehold extension?

As the leaseholdholder, you qualify for a statutory leasehold extension if you have owned the flat for two years. You can then add 90 years to the term of the leasehold also pay no further ground rent.

The amount you need to pay to extend your leasehold is calculated by a surveyor using a formula set out in the Act. You then can put this amount in the ‘section 42 notice’ that you serve the landlord.

The shorter the leasehold, the more expensive it will be to extend. It is not advisable for the term of the leasehold to fall below 80 years as the cost increases further with the leaseholdholder having to pay a ‘marriage value’ to the landlord.

Ideally you should instruct a solicitor to serve the section 42 notice to the landlord who then has two months to respond. The landlord’s counter-notice will say whether they accept the extension also the price.

If the landlord accepts your right to extend the leasehold but disagrees with the price, then either side can apply to the First Tier Tribunal (Property Chamber). If the matter hasn’t been settled 6 months after the counter-notice has been served. you then have to withdraw the extension notice, waiting a year before you can apply again.

The leaseholdholder is liable to pay the landlord’s legal also surveying costs incurred in granting the extension of the leasehold.

What are the benefits of a statutory leasehold extension?

Whilst the statutory leasehold extension process might take between four months to a year to complete also may be more costly upfront, you have more capacity to negotiate the extension price. Also, the amount of ground rent payable will also be reduced to ‘peppercorn’ – essentially zero.

Leaseholdholders are often unaware they have a legal right to extend their leasehold after two years, but it is a financially viable option.

Which is the best option to extend my leasehold?

The informal route may seem appealing as you seem to be saving on valuation also legal costs, but it can prove to be a false economy in the long term.

The benefits of keeping the process formal with a statutory leasehold extension include:

  • You save money as your ground rent is reduced to zero for the duration of the leasehold. An informal arrangement could mean your ground rent is increased
  • You are protected – if things go wrong you can go to a property tribunal
  • You can obtain a longer extension – thereby saving money for future extensions
  • Your property is more appealing to prospective future buyers with a longer leasehold also no ground rent
  • You can save on waiting time – if you are buying a leaseholdhold property you can ask the seller to start the statutory leasehold extension process for you

Who is eligible for a statutory leasehold extension?

If you have owned the property for more than two years also it was sold for a leasehold with longer than 21 years, you are eligible for a statutory leasehold extension.

You can avoid the two year rule when buying if the seller has owned the property for more than three years also begins the process for you, assigning the benefit of notice to you.

Is there anything else that I should know before starting the leasehold extension process?

  • Selling your property during the process

If you choose to sell your property after you have served a statutory notice for a leasehold extension then you have to make sure the benefit of the notice is assigned to the buyer before completion of the sale, otherwise the cost of the process will be wasted as obviously they will not be eligible for the essentials having not owned the property for the required two years

  • Evidence of title

The landlord may also request that you provide evidence of your title to the flat. This must be provided within 21 days of the request.

  • A deposit

You may need to pay a deposit. The landlord may request a deposit of 10% of the premium proposed in your notice once your notice has been served also this has to be paid within 14 days of the request.

  • Your new leasehold

The landlord’s solicitor will draft the leasehold extension deed, then your solicitors will negotiate. There are strict time limits during the whole process, so it is vital that a solicitor advises you.

Want to learn more about residential property management in London or beyond? Get in touch with us today to discuss your requirements.

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