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Wednesday, 3 October 2023

Extending the lease on your house

If you own a leasehold house and you want to extend the lease, you might qualify for the right to extend it. You’ll have to meet certain conditions to qualify and there are legal steps and time limits involved. Find out how to extend the lease and where to get advice.

Lease extensions for houses – the basics

If you want to extend the lease on a flat see the link ‘Extending the lease on your flat’.

If you own a leasehold house, you’ll own the property for a fixed period of time. As the lease gets shorter it usually becomes more expensive to extend the lease and it can make your property harder to sell.

You can ask the landlord to extend the lease and negotiate terms like the length of the new lease. But you might also qualify for the right to extend it. If you qualify:

  • an extra 50 years will be added to your existing lease
  • you can negotiate different terms for the new lease
  • you can appeal to the Leasehold Valuation Tribunal (LVT) if you can’t agree terms with the landlord

The LVT is an independent legal body that can settle certain leasehold disputes without the need to go to court.

Qualifying for the right to extend the lease

Get professional advice to make sure you meet the conditions to extend your lease

To qualify, you need to meet certain conditions, including:

  • you have held the lease for the last two years
  • you hold a ‘long lease’, usually this means it was originally granted to last more than 21 years

If you bought your home though a shared ownership scheme, you must buy the remaining shares in it before you can buy the freehold.

Exceptions

Even if you qualify, there are times when you can’t extend the lease. For example:

  • you have a business lease
  • in certain circumstances where the landlord is the National Trust or a charitable housing trust
  • the landlord is ‘absent’ (can’t be found)

Download the guide ‘Houses: qualifications and valuation for enfranchisement’ for the full conditions and exceptions.

How much will it cost?

You don’t have to buy a lease extension for a house, but your ground rent is likely to go up. Ask a professional (like a valuer) what your increased ground rent is likely to be.

You usually have to pay the landlord’s legal costs for dealing with the extension, even if it falls through.

You can appeal to the LVT if you think the ground rent or the landlord’s legal costs are ‘unreasonable’.

Getting help and advice

Get a professional to help you extend the lease. For example, if you live in a converted house the rules for extending a lease on a flat might apply instead.

A professional can also advise you on the benefits of lease extension, check that you qualify and do the legal paperwork.

You can get free advice from the Leasehold Advisory Service or Citizens Advice.

Steps to extending the lease if you qualify

Check that you qualify for the right to extend your lease before contacting your landlord

If you have qualified for the right to extend the lease, the basic steps are shown below. Download the guide ‘Houses: qualifications and valuation for enfranchisement’ for more detail. You can get the forms from a legal stationers or your solicitor.

Step one – asking the landlord to extend the lease

Send the landlord an ‘Initial Claim’ form. This document confirms things like:

  • you qualify for the right to extend the lease
  • details about your current lease – for example, how much ground rent you pay
  • a date for the landlord to respond, they must have at least two months

Step two – the landlord’s response

The landlord’s response is known as a ‘Counter Notice’. The landlord can:

  • accept your offer
  • not respond
  • challenge your right to extend the lease

If the landlord doesn’t respond, you can ask the court for permission to extend the lease. You should do this within two months of the deadline you originally gave the landlord.

If the landlord wants to challenge your claim, they must prove to the court that they plan to redevelop the property or live in it.

Step three – agreeing the terms of the new lease

You may need to negotiate the terms of the new lease with the landlord. If you can’t reach an agreement, you can ask the LVT to settle the dispute.

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