The 1993 Leasehold Reform Act (as amended) provides a right to the grant of a new lease for a term of 90 years, plus the present unexpired term, at a peppercorn rent (that is, rent free).

The formal procedure is started by the service of the Tenant’s Notice on the landlord (the Tenant’s Notice) and it then follows a prescribed route.

Qualifying as a Leaseholder

The right to extend your lease is only available to a qualifying leaseholder. To be a qualifying leaseholder you must have owned your flat under a long lease for at least 2 years.

A long lease is:

*The present unexpired term is not relevant, qualification is governed by the original term of the lease when first granted.

Even if the leaseholder satisfies these criteria he or she will not be a qualifying leaseholder if any of the following cases apply.

How much will the freehold cost

The legislation does not formally require a full valuation for an application for a new lease but it is strongly recommended that you do not proceed without proper valuation advice.

In considering the likely premium you should also bear in mind the leaseholders’ liability for the landlord’s costs. The eventual cost of the new lease will be the premium plus both your own and the landlord’s “reasonable” legal and valuation costs, except any costs which are incurred in connection with proceedings before a LVT.

We are able to offer specialist advice.

Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis & Co.

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