Lease extensions | Winston Solicitors UK 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

Working with Leasa and Julie at Winston’s was excellent. Each step was explained clearly and concisely and communication was prompt. I will be highly recommending
Ishmail
Great communication and kept in touch regularly
Mohammed
Samantha and her team have been outstanding during my house purchase. I couldn't be happier. I always received a reply to my emails on the day, even within minutes. Excellent service and would highly recommend.
Sonja
Winston solucitors provided excellent service when we were selling our home. They were available to answer any questions we had and kept us informed of a y progess when selling.
Mr & M
A very reliable and efficient service with clear and prompt communication throughout.
Hannah
Samantha and Michelle from Winston Solicitors were excellent. They communicated quickly and made the process fast and straightforward. We were constantly waiting for other lawyers in the chain because they were so ahead compared to everyone else.
Ms Barclay
Outstanding First-Time Buyer Support!We recently used Winston Solicitors for the purchase of our first home, and we couldn’t be happier with the service. As first-time buyers, the process felt overwhelming at times, but the team at Winston’s guided us through every step with patience, clarity, and professionalism.They were always quick to respond to our questions (no matter how small!), explained the legal and mortgage side of things in a way that made sense, and kept us informed throughout the entire process. Their attention to detail and clear communication gave us complete peace of mind.Thank you so much for helping us secure our first home – we couldn’t have done it without you! We’d highly recommend Winston Solicitors to anyone buying a home, especially first-time buyers like us.
Mr & M
I have used Winston’s solicitors for conveyancing twice now and would not go elsewhere. Samantha’s service is second to none, she is brilliant at what she does! She has kept me informed every step of the way and will always reply to any query I have within minutes. She really takes away the stress of buying and selling a house and will be worth every penny you pay for her outstanding service. Thanks again Sam! :)
Jordan
Contact Jeremy