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Residential Lease Extensions and Enfranchisement

 

Since the Leasehold Reform, Housing and Urban Development Act 1993 came into being a tenant (lessee) of a flat on a long lease has been able to purchase a lease extension from their landlord (lessor) as of right.  The extension would add  90 years to the end of the existing lease at a peppercorn ground rent.  This is an attractive prospect if the lease is shorter than 70 years and a sale is being frustrated.   The Commonhold and Leasehold Reform Act 2002 relaxed the qualifying rules.

This is a right under statute but quite often tenants prefer to negotiate with their landlord's rather than apply to a First-tier Tribunal (the old Leasehold Valuation Tribunal) for the statutory extension.  The Tribunal is informal and will take into account all the relevant issues.  Quite often the hearing will be held locally and you can get someone to represent you if you want. 

It is also possible for tenants of long leases to club together and buy their freehold but not everyone need to join in.  Quite often this seems like a good idea but there are many pitfalls and responsibilities for the new [joint] owner.   Before embarking on this sort of project always get proper advice.

 

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