First of all, it is important to understand what a lease on a property is. A lease is a term during which you have the right to occupy a property (usually a flat). That term can be set at 99, 125 or even 999 years. For more information on the difference between a leasehold and a freehold property click the following link to read an article explaining the difference in the various property titles.
So if a lease is usually 99-999 years long when is a lease considered too short?
Generally speaking, a lease of 60- 70 years or less is considered short and it will affect the price of your property.
Extending your Lease
Provided that you have owned your property for at least two years, you have a right to extend your lease for an additional 90 years at a peppercorn (zero) ground rent.
How Much will a Lease Extension Cost?
The calculations are complex and, to ensure you get a fair deal, it makes sense to use the services of an experienced surveyor. The surveyor will base the calculation on the value of your flat, the level of your rent, and how long the lease has to run. In effect you pay:
1. Compensation to the Landlord for loss of rent payable for the remaining term of the existing lease.
2. Compensation to the Landlord for deferring the return of the flat to him by 90 years.
3. Half of what is known as “marriage value”. This is the amount by which the value of the new lease exceeds the combined value of your and the Landlord’s current interests. Marriage value is only payable where the existing lease has less than 80 years to run.
Most surveyors will give you a high and low price; the final price is likely to be somewhere in between.
How the Process Works
Using a conveyancing solicitor, you serve a notice to the Landlord specifying the price you propose to pay for your new lease. The price must be realistic or your notice will be invalid. You must give the Landlord two months to serve a counter-notice saying whether they admit your right to a new lease and, if so, on what terms. Your Landlord can ask you to prove your ownership of the flat and pay a 10% deposit of the sum you’ve proposed for the new lease.
The Landlord must serve a counter-notice by the date you specified stating whether your entitlement to a new lease is admitted and, if so, setting out any counter-proposals for the price of the new lease. If the counter-notice denies entitlement to a new lease it must explain why. The Landlord must then commence proceedings in a county court within two months for a declaration that you are not entitled to a new lease. If the Landlord fails to serve a counter-notice you are entitled to apply to a county court for an order declaring entitlement to a new lease on the terms proposed.
In most cases the price and terms are agreed between lease-holder and Landlord. If you can’t agree, two months after the counter-notice has been served, you can apply to the Leasehold Valuation Tribunal (LVT) to determine these matters for you.
Once terms have been agreed or determined by the LVT, you follow a relatively straightforward conveyancing process with the new lease being granted to you by the Landlord and being registered at the Land Registry.
How long will the process take?
If it is necessary to have terms determined by the LVT the process will take approximately 10 – 12 months.
What happens when the Freeholder (Landlord) offers an extension on different terms?
You are under no obligation to accept and it’s seldom to your advantage to do so. A commercially minded Freeholder is likely to try and maximise his/her return. Tip: The advice of a qualified surveyor is invaluable.
How is the premium for the lease extension calculated?
Although the law sets out a methodology that both parties must follow, there’s considerable scope for variation, and it is quite usual for the respective sides to come up with widely varying figures. A surveyor acting for the Freeholder is likely to use valuation tolerances in the interests of his/her client. Where a lease term falls beneath 80 years, the basis of valuation includes a “marriage value” which will increase the level of premium payable, sometimes by a significant amount. Tip: Ensure you have the expertise of an experienced solicitor early on in the process.
What happens if the parties can’t agree a figure?
The parties can involve an Leasehold Valuation Tribunal. These are relatively low-cost hearings whose primary purpose is to determine the appropriate level of premium that should be paid. Tip: Put forward a realistic price at the outset; unrealistic figures are routinely set aside at tribunal.
What costs are involved in going to Tribunal?
The Leaseholder bears the Freeholder’s reasonable legal and valuation costs as well as his/her own. This includes professional fees (e.g. solicitors and surveyors) and other expenses paid because of the transaction. It does not include costs which are paid because of an appearance before the LVT. If the costs are believed to be unreasonable an LVT can be asked to make a determination. Tip: seeking independent advice from solicitors and surveyors is likely to save money.
My lease still has more than 60 years to go – why would I want a new lease?
Your lease loses value as it gets shorter. Many building societies and banks won’t give mortgages on flats with leases of less than 70 years. You may have difficulty selling your flat or realising its full value without a new lease. Tip: leaving the lease to drop lower often means more expense in the long term.
I rent out my flat but have never occupied it. Can I still get a new lease?
Yes, although there used to be a three year residence requirement to qualify for a new lease that has now been abolished and replaced by a two year ownership requirement.
I am in the process of buying a flat and want a new lease. Will I have to wait until I’ve owned the flat for 2 years before I can get a new lease?
No, provided your vendor has owned the flat for at least two years he/she can serve a notice claiming a new lease and then assign the benefit of the notice to you at the same time as you complete the
purchase of the flat.
My mother was planning to extend the lease of her flat but never got round to it. As executor of her estate can I apply for a new lease?
Yes, if she owned the flat for at least two years you can apply for a new lease provided you do so within two years of probate being granted.
Where do I go for advice on lease extensions?
At Northfields we work very closely with experienced local solicitors and surveyors who specialise in lease extensions. We’d be happy to recommend someone to you. If you would like further property advice in relation to selling or letting we’d be delighted to help. Call us on 0208 840 6666 or contact us at sales@northfields.co.uk




