A Guide to Extending Your Lease

If you own a leasehold house or flat, extending your lease is crucial to maintaining the value of your property. At HM & Co. Solicitors, our experienced lease extension solicitors are here to guide you through the process, ensuring a smooth and efficient resolution tailored to your needs.

Lease extension can be complex, but our team has the expertise to manage every detail, from choosing the right approach to addressing any complications that arise.

Why Extend Your Lease?

As the length of a lease decreases, the value of the property can decline significantly. Extending your lease prevents this loss in value and ensures your property remains an attractive investment for future buyers.

Our Lease Extension Services

At HM & Co. Solicitors, we offer comprehensive lease extension support, including:

  • Advice on the best lease extension process for your situation.
  • Liaising with your landlord to negotiate lease terms.
  • Managing freehold purchases and lease extensions for leaseholders.
  • Drafting a Deed of Variation to formalise lease extensions.

Understanding Your Lease Extension Options

1. Informal Lease Extension Negotiations

You can negotiate directly with your landlord to agree on a lease extension. This option is often faster and less costly but comes with risks, as the landlord may change their mind or adjust terms unfavourably.

2. Formal Lease Extension Process

If you’ve owned your property for at least two years, you are typically entitled to a statutory lease extension. This involves a strict legal procedure, starting with serving a formal notice to your landlord. The lease extension is completed through a Deed of Variation, ensuring legal protection for both parties.

3. Purchasing the Freehold

For flat owners, another option is leasehold enfranchisement. This involves purchasing the freehold of your building, often in collaboration with fellow leaseholders. A management company is usually formed to manage the process and grant lease extensions without requiring a premium.

For leasehold houses, you may also be eligible to buy the freehold and convert the property to freehold status, eliminating the leasehold altogether.

How HM & Co. Solicitors Can Help

Liaising with Your Landlord

Whether pursuing an informal or formal lease extension, we can:

  • Communicate with your landlord or their solicitor on your behalf.
  • Negotiate terms and agree on a fair price for the lease extension.
  • Represent you at the First-tier Tribunal (Property Chamber) if a premium cannot be agreed.

Our team ensures you are fully informed throughout the process, working promptly to complete and register the extension.

Managing Freehold Purchases

If you and your fellow leaseholders decide to purchase the freehold of your block:

  • We’ll guide you through the process, from serving notice to agreeing on a purchase price.
  • We’ll help establish a management company if needed.
  • Once the freehold is purchased, we’ll handle lease extensions for all flat owners.

For leasehold houses, we can manage the freehold purchase and help eliminate the leasehold entirely.

Contact HM & Co. Solicitors for Lease Extension Support

Extending your lease is an essential step to safeguarding your property’s value. At HM & Co. Solicitors, we offer expert guidance to make the process straightforward and stress-free.

Alternatively, fill out our online contact form, and a member of our team will be in touch.

Whether you’re looking to extend your lease, purchase a freehold, or explore your options, HM & Co. Solicitors are here to provide expert advice and support every step of the way.

Your Questions, Answered

FAQs

FAQs About Lease Extensions

1. Am I Entitled to a Statutory Lease Extension?

If you have owned a lease with an original term of over 21 years for at least two years, you are generally entitled to extend your lease. However, under the upcoming Leasehold and Freehold Reform Act 2024, you will no longer need to have owned the leasehold for two years. Once the Act takes effect, you will have the right to extend your lease from the day you take ownership.

 

. When Should I Renew My Lease?

You should consider renewing your lease when it approaches 80 years remaining, as:

  • The property’s value decreases below this threshold.
  • Mortgage lenders may refuse to lend against a property with a lease term of 70-75 years or less.
  • The cost of extending a lease increases once it drops below 80 years.

The Leasehold and Freehold Reform Act 2024 may make lease extensions cheaper and extend leases by 990 years. The Act is expected to be implemented in 2025/2026. If you’re unsure whether to renew now or wait, contact us for tailored advice.

 

3. How Long Does It Take to Extend a Lease?

  • Informal Route: If you and your landlord agree on terms, it may take approximately three months.
  • Formal Route: A formal extension typically takes up to a year due to notice periods and negotiations following the lease valuation.

 

4. What Is a Deed of Variation?

A Deed of Variation is used to amend an existing lease without drafting a new one. It is commonly used to correct defects in the current lease.
This deed, signed by the freeholder, leaseholder, and sometimes third parties (e.g., mortgage lenders), formalises agreed changes to the lease terms.

 

5. Do I Need a Solicitor for a Lease Extension?

Yes, the lease extension process is complex, and having an experienced solicitor is strongly advised.

  • Mistakes in the formal process can result in losing the right to enforce an extension, requiring the process to start again.
  • Solicitors ensure favourable terms, particularly when dealing with informal extensions, where landlords may impose less advantageous conditions.
  • Experienced solicitors can help expedite the process and ensure all legal requirements are met.

 

6. Why Is It Important to Extend Your Lease?

Key reasons to extend your lease include:

  • Property Value: The value of your property declines when the lease drops below 80 years.
  • Resale Challenges: It becomes harder to sell a property with a short lease.
  • Mortgage Issues: Lenders typically won’t provide mortgages for properties with short leases.
  • Lease Expiry: If a lease is not extended, it will eventually expire, and you will lose your entitlement to the property.
  • Ground Rent Reduction: Extending a lease reduces the ground rent to a peppercorn (essentially nil).

 

7. How Much Does a Lease Extension Cost?

The cost of a lease extension includes:

1. Premium to the Landlord: This is calculated based on factors such as:

  • Property value.
  • Remaining lease term.
  • Current ground rent.
  • Value of any improvements to the property.

2. Additional Expenses:

  • Your solicitor’s fees.
  • Your landlord’s reasonable solicitor’s fees.
  • Valuation costs by an expert leasehold surveyor.
  • Smaller fees, including:
    • Land Registry fees for title copies and registration of the lease extension.
    • Electronic money transfer fees.

A surveyor can provide an estimate of the premium payable to the landlord, factoring in the above details.


If you have further questions or need assistance with extending your lease, contact HM & Co. Solicitors for expert advice and support.

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