Skip to main content

Lease extensions

Why do I need a lease extension?

Flats or maisonettes are normally held on long leases. Historically, many leases were granted for a period of 99 years or 125 years. Now, it is more usual for the lease period to be longer. If your lease has less than 85 years left to run, you should consider extending it.

Lease extension costs

Whilst extending a lease costs money, as you will need to pay an amount for the extension along with the landlord’s costs and your own costs. The costs of not extending a lease that has reduced to below 85 years is often significantly more due to:

  • Some lenders will not lend where the lease has less than 85 years left to run.
  • The shorter the lease, the more difficult it is to mortgage or sell. As the term of the lease reduces, it becomes less valuable

Extending the lease on a flat or other leasehold domestic property

There are three different ways of extending the lease:

  1. Statutory lease extension
    There is a statutory procedure for extending the lease period by 90 years. This involves serving a notice, obtain valuations and agreeing a premium (price). The tenant will have to pay the landlord’s legal costs and valuation fees. The lease provisions remain the same, except that the ground rent is reduced to a peppercorn, which means in practice that there is no ground rent to pay for the rest of the lease period.
  2. Non-statutory lease extension
    Some landlords will agree to extend the lease without being served with a statutory notice. They might still instruct valuers and they might agree to extend the lease period for more than 90 years. Some landlords might try to use this to their advantage by suggesting high rents and unrealistic rent review provisions. This should be resisted. Many lenders will not lend if the rent doubles periodically, increases too frequently, or rises above £250 per year if the property is outside London.
  3. Voluntary lease extension
    Where leases of other flats in the same development or other properties on the same estate have already been extended, the landlord might agree to extend the lease period for more than 90 years on similar terms to the lease extensions already granted, including the premium, at a fixed starting rent, increasing by a fixed amount every 25 years, and capped at £250 per year. The tenants will almost certainly have to pay the landlord’s legal costs. If the landlord agrees to go down this route, there should be no valuation fees.

If the freehold is owned by a management company in which all the tenants have shares, it should be possible to negotiate a voluntary lease term of 999 years with no ground rent, but with the other lease provisions remaining the same.

Lease extension advice from Solicitors

If the statutory procedure is adopted, it will normally be necessary to instruct solicitors to serve the notice. The solicitors may become involved in the negotiations and the procedure can be drawn out.

If the non-statutory procedure is adopted, the procedure can be drawn out if the landlord proposes unreasonable terms.

If the voluntary procedure is adopted, solicitors can be instructed when terms have been agreed. The wording of the documentation can be agreed quickly, sometimes within a few days if the landlord’s solicitors deal with matters promptly.

If the property is in mortgage, the lender will need to agree to the lease extension and a Deed of Substitution will need to be signed. This ensures that the lender has security over the extended lease.

The lease extension needs to be registered at the Land Registry. The Land Registry closes the existing leasehold title and opens a new leasehold title. It can take the Land Registry up to 6 months to complete the registration.

If you are thinking of extending your lease and would like to discuss the matter, please telephone Jeremy Conway on 0113 218 5427.

Client feedback

I'd just like to say a personal thank you to Joe for making what has been an incredibly stressful period of my life such a smooth transition and completed so quickly and efficiently. Every step of the process was explained clearly and the updates and communication throughout were exceptional. A pleasure to deal with, I couldn't recommend highly enough. Thank you Joe and thank you Winston Solicitors.
Kyle D., Bristol
Incredibly efficient and fast friendly service. Leasa and Julie were super helpful and proactive we didn’t have to chase once throughout the process. Will be recommending to anyone moving house! Thank you!
Anonymous, West Yorkshire
Your service is excellent! We would like to sincerely thank you for your professional guidance and support throughout the purchase of my property. Your clear communication, attention to detail, and efficiency made the entire process much smoother and less stressful for me. Your service helped us to opt for a good property. We sincerely appreciate the time and effort you dedicated throughout the process to ensure everything was handled properly and completed on time. As we have already recommended you to our friends, we will continue to do so in the future. Thank you again for your excellent service, and we look forward to working with you again in the future.
A.V, Lancashire
Superb, professional and efficient service. First class and professional communication from start to finish. Couldn't recommend highly enough and would not hesitate to use again.
Kyle
Amazing experience, Samantha provided an exceptional service to my partner and I. She was efficient and kept us up to date with anything which was going on. So impressed.
Angus
Excellent, good communication and everything ran smoothly.
Matthew
very happy with the service. it was efficient and professional i would definitely use them again for conveyancing.
David
Winston has helped us twice over the last 3 years: they work very efficiently, the portal they use is simple to navigate and keeps the client up to date, the team is easily contactable by phone. Many thanks to Leasa & Julie & the team, we'll maybe speak with you again in the future !
Susan
Contact us