Flat Extend Lease

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Ashley Connell

Edited by Ashley Connell

Leasehold Enfranchisement Solicitor at Hetts


Who Qualifies for a Lease Extension?

The legislation covering the qualifying criteria can be found under Section 39 of the LRHUDA 1993

Who qualifies is important

Qualifying Criteria

If you do not meet the qualifying critetria for a lease extension, but still proceed to submitting a claim for a lease extension with the service of a Section 42 notice then you will liable for the freeholder's costs in dealing with the lease extension despite that fact that your notice is invalid and takes no effect in law.

The freholder has the right to claim costs from a leaseholder in these circumstances, under s.60 of the 1993 Act.

Who can claim a flat lease extension?

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in the United Kingdom, leaseholders of flats can qualify for a lease extension if they meet certain criteria:

  • Qualifying Tenure: Must have owned the flat for at least two years.
  • Original Lease Length: The original lease must have been for more than 21 years.
  • Qualifying Property: The property must be a flat.
  • Excluded Leases: Excludes business leases, very short leases, and leases where the landlord is a charitable housing trust.

Leaseholders meeting these criteria can extend their lease by an additional 90 years and reduce the ground rent to zero. This process involves legal and financial considerations and often requires consultation with a solicitor or leasehold advisor.