Lease Extensions
We are one of the leading firms in the specialist and complex area of leasehold enfranchisement, advising landlords and leaseholders on a wide range of claims within London and regionally. We have extensive experience in dealing with lease extension claims, house claims, and collective claims as well as advising developers on how to avoid the risk of enfranchisement.
The lease extension process is complex and technical and there is significant scope for error. Our specialist lease extension team at RFB Legal acts on behalf of landlords and tenants on hundreds of lease extension claims each year.
A leaseholder of a residential property may have a right to extend the term of the lease by 90 years upon payment of a premium to the landlord.
Use the lease extension calculator to obtain an approximate indication of the premium that may be payable for your lease extension to estimate your premium costs
Leases, by their very nature, are for a fixed term and as the remaining term of a leaseholder’s lease decreases so too will the value of that leasehold interest. It is, therefore, often in the leaseholder’s interest to exercise the right to a lease extension.
To qualify, the leaseholder’s lease must have initially been granted for a term of 21 years or more. There are some exceptions if, for example, the landlord is a charitable housing trust and your flat is provided as part of the charity’s work, or it is a business or commercial lease.
The leaseholder must also have been the registered proprietor of the lease for at least 2 years.
The procedure
- You will need to obtain a valuation report
- We will check your entitlement to claim a new lease
- We will prepare the Section 42 Notice, serve the same on the competent landlord and all other relevant parties, and respond to subsequent notices
- Registration of the Section 42 Notice at the Land Registry
- Review the landlord’s counter-notice
- Negotiate and agree terms of acquisition
- Act on your behalf in relation to any proceedings before the First-Tier Tribunal, Upper Tribunal, County Court, and any appeals
- You will need to obtain a valuation report
- Prepare preliminary notices
- We will check the validity of the Tenants Notice and prepare and serve the counter-notice
- Negotiate and agree the terms of the acquisition
- Act on your behalf in relation to any proceedings before the First-Tier Tribunal, Upper Tribunal, County Court, and any appeals
Whether you are a landlord or tenant, we can assist you through this complex and technical area of law to achieve the best result possible.
If you are a landlord who has received a Section 42 Notice from a leaseholder or a leaseholder who wishes to exercise the right to a lease extension, please contact enfranchisement@rfblegal.co.uk.
- - Acting for landlords from receipt of Section 42 Notice to conclusion
- - Acting for tenant from preparation of Section 42 Notice to conclusion
- - Acting in relation to the assignment of the benefit of the Section 42 Notice for sellers or purchasers
- - Advising and acting in the First Tier, Upper Tribunal, County Court and any appeals on behalf of landlords or tenants
- - Acting on behalf of tenants in relation to claims for vesting orders where the landlord is absent or dissolved
Key Contacts
David Burns
Senior Litigation Partner
Victoria Huxley
Litigation Partner
Ben Frost
Litigation Partner
