Lease Extensions Solicitors

Leaseholders of houses and flats are granted statutory rights to extend their lease and acquire the freehold title to their property. Flat owners can also group together with other leaseholders to acquire the freehold title of the block in which their flats are situated. Those rights have been further improved upon and developed by the passing of the Leasehold and Freehold Reform Act 2024 (LAFRA), a major piece of leasehold reform legislation.

If you are a leaseholder interested in exercising one of these rights, or a landlord/freeholder who has received a notice of claim, JMW can help. Our experienced team of lease extension solicitors and leasehold enfranchisement practitioners will make sure that the correct statutory process is undertaken as efficiently and cost-effectively as possible.

If you are ready to discuss your lease extension or freehold acquisition, get in touch with JMW today. Call 0345 872 6666 or fill out our online enquiry form to request a call back.

How JMW Can Help

JMW’s property litigation team accepts instructions from both landlords/freeholders and leaseholders, with the team having experience in:

• Extending leases through the statutory lease extension process.
• Responding to leaseholder requests for an extended lease.
• Successfully conducting County Court and Property Tribunal proceedings in contested lease extension claims.
• Claims for the acquisition of the freehold title to houses.
• Acting for small and large groups of leaseholders within the context of collective enfranchisement.
• Acting for freeholders following leaseholders’ requests to acquire the freehold title to their building.

At JMW, our expert team of specialist lease extension solicitors and leasehold enfranchisement practitioners provides the legal support you need. We specialise in proactive management and use our expertise to help you protect and enhance the value of your leasehold property. Our lease extension lawyers can resolve a wide range of residential property disputes by offering clear, practical advice to protect your rights and interests.

JMW has a proven track record in resolving leasehold and property disputes for individuals and commercial clients. We work closely with our clients to find cost-effective solutions, whether through negotiation, mediation or, where necessary, tribunal or court proceedings. Our aim is to preserve and improve relationships between landlords, freeholders and leaseholders wherever possible.

Meet the Team

JMW’s dedicated team of lease extension solicitors and property litigation lawyers combine extensive experience in leasehold reform and residential property law with a practical approach to resolving lease extension and freehold acquisition matters efficiently.

What Is the Process of Instructing JMW in Relation to a Lease Extension or Freehold Acquisition? 

Instructing JMW’s lease extension solicitors is a clear, user-friendly process designed to give you peace of mind and set clear expectations. Our specialist lease extension solicitors handle every stage of the lease extension process and freehold acquisition efficiently and professionally. The process of working with our legal team is as follows:

1. Initial discussion: When you contact us, we will discuss your leasehold property and specific needs or issues relating to your lease extension or enfranchisement claim.
2. Assessment of your needs and bespoke strategy: Our team will work with you to understand your objectives and property details, creating a strategy that works for all parties and provides a clear route through the formal statutory route or voluntary lease extension process.
3. Costs and timescales: We will provide clear estimates of potential legal fees, surveyors’ fees and Land Registry fees, along with expected timescales for work, helping you plan with confidence.
4. Proactive file management: We act quickly on receipt of instructions and maintain regular communication, providing concise, prompt and practical advice throughout the process.

How Do I Extend My Lease on My Flat?

There is a statutory lease extension process and eligibility criteria, both of which are set out in the Leasehold Reform, Housing and Urban Development Act 1993. The process begins by first establishing whether you are eligible to extend your lease via the statutory procedure. Failing to qualify does not necessarily prevent you from extending your lease, as we can also explore the option of a voluntary lease extension, which requires your landlord’s consent.

To be eligible, the following criteria must be met:

• You must be the leaseholder holding the property under a long lease.
• The property must be a flat.

Historically, there was a third qualifying requirement for a leaseholder to have owned their leasehold property for at least two years before making a claim for a new lease. That requirement has now been abolished by LAFRA, which simplifies the process for leaseholders.

Once eligibility has been established, a surveyor will prepare a valuation report setting out the premium payable to your freeholder for the new, extended lease. The premium can be compared to a purchase price, and its calculation may involve consideration of factors such as marriage value, property location and the length of the unexpired lease term.

After the premium is determined, a statutory notice will be served on your landlord (quoting that premium), notifying them of your intention to claim a new lease. The landlord then has two months to respond, confirming whether they admit your claim and, if so, proposing a counter-premium.

What follows is a process to negotiate and agree on the premium (or purchase price) and the terms of your new lease, followed by the conveyancing stage to finalise and register it at the Land Registry.

If any of the new lease terms cannot be agreed, or if statutory deadlines are at risk of being missed, a claim to either the County Court or the First-tier Tribunal (Property Chamber) may be necessary.

Ultimately, the new, extended lease will be on the same terms as your existing one, with the following exceptions:

• The lease term will be extended by 90 years plus the unexpired term of your current lease.
• The ground rent will be reduced to a peppercorn rent, an attractive proposition for those seeking to sell or remortgage their leasehold property.

How Do I Purchase the Freehold Title to My House?

As with the lease extension process, there are qualifying criteria and a statutory procedure provided for by the Leasehold Reform Act 1967 that must be followed.

These are:

• The lease must be for a house.
• The lease must be a long lease, which is a lease granted for a term of more than 21 years.
• There must be no other undertenant who has rights under the Act.

Where the above criteria are satisfied, the leaseholder of a house has the right to buy the freehold without requiring agreement from the landlord or freeholder. Provided the claim is admitted by the freeholder, the parties will proceed with the instruction of surveyors to determine the premium (or purchase price) payable by the leaseholder. Almost certainly, there will be negotiations between the parties to agree on the amount.

Thereafter, the parties will proceed with the conveyancing process to complete and register the transfer of the freehold title.

Our lease extension solicitors and leasehold enfranchisement practitioners have extensive experience advising on freehold acquisitions, guiding clients through the statutory process efficiently and cost-effectively.

What Is Collective Enfranchisement?

Collective enfranchisement refers to the statutory right of a group of long-term leaseholders acting together to purchase the freehold of the building in which their flats are situated.

As with the other rights discussed on this page, there are qualifying criteria that must be satisfied for collective enfranchisement to be successful. In short, these criteria require:

• The premises subject to the claim being a self-contained building (or part of a building).
• The premises not being excluded.
• The premises containing at least two flats held by qualifying leaseholders.
• At least two-thirds of the flats in the premises being held by qualifying tenants.

Provided the criteria are satisfied - something that we can advise on at JMW - the statutory process can be summarised as follows:

• The leaseholders liaising with one another to ensure there is a qualifying majority that wish to take part.
• An initial notice being served by the participating leaseholders on the landlord.
• The landlord serving a counter-notice.
• Negotiating the terms of acquisition.
• Completing the conveyance.

Collective enfranchisement can be complex, involving valuation, negotiation and legal work across multiple parties. Our lease extension solicitors have experience acting for both leaseholders and freeholders in these claims, helping to manage the process smoothly and within statutory timeframes.

What Is the Leasehold and Freehold Reform Act 2024?

A significant piece of legislation known as the Leasehold and Freehold Reform Act 2024 (LAFRA) received Royal Assent on 24 May 2024. Its purpose is to improve the rights of long-term residential leaseholders and make the lease extension and enfranchisement processes more accessible and affordable.

In relation to lease extensions and enfranchisement, LAFRA will bring about the following changes:

• Removing the requirement that leaseholders must have owned their flat or house for at least two years before seeking to extend their lease or acquire the freehold title to their house.
• Making the qualifying criteria for collective enfranchisement more accessible.
• Removing landlords’ grounds of opposition in relation to a claim for an extended lease or the acquisition of a house’s freehold title.
• Extending the term of a new lease to 990 years, in addition to the unexpired term of the existing lease. This replaces the previous 50-year extension for houses and 90 years for flats.
• Introducing new valuation methods more favourable to leaseholders, reducing the impact of marriage value and other costs.
• Limiting the scope of costs a landlord can recover from the leaseholder, including the freeholder’s reasonable legal costs.

These reforms are part of the government’s wider leasehold reform agenda and are expected to significantly improve outcomes for leaseholders looking to extend their lease or buy the freehold title to their property. Our lease extension solicitors can help you understand and prepare for the changes introduced by this new legislation.

Q

I am in the process of buying/selling my leasehold flat and have been advised that I need to extend my lease. Is this something that you can assist with?

A

Yes. Our property litigation team works closely with our residential real estate department to ensure that lease extension claims are properly assigned as part of your conveyancing transaction. We have extensive experience assisting with the lease extension element of both sales and purchases, helping clients complete the process efficiently.

Q

Should I wait until the Leasehold and Freehold Reform Act 2024 has been fully implemented?

A

Every client’s circumstances are different. LAFRA is a welcome development for leaseholders, simplifying the qualifying criteria for extending leases and acquiring freehold titles, while also improving the process and value of the final lease. However, the Act is being implemented in stages, and some leaseholders may not be able to wait for full implementation - for instance, where a remortgage or property sale requires an extended lease at short notice. Our lease extension solicitors can advise on the best approach for your situation.

Q

If my lease is subject to a doubling ground rent provision, or my ground rent is high, can a lease extension assist in my efforts to remortgage or sell my flat?

A

In most cases, yes. Many mortgage lenders are reluctant to lend on flats with high ground rent or clauses that double the rent periodically. The lease extension process automatically reduces the ground rent to a peppercorn rent, which can make your property more attractive to potential buyers or lenders and support your remortgage application.

Q

I have been asked by other leaseholders in my building if I want to participate in purchasing the freehold title. What is the benefit of doing this?

A

Many leaseholders take part in collective enfranchisement to gain control over the management of their building. Once the freehold has been acquired, the leaseholders collectively control the landlord entity, allowing them to make decisions about maintenance and management. This can also increase property value, as leaseholders can grant themselves new, longer leases with improved terms and lower ground rent.

Q

How much do JMW’s services cost?

A

For most lease extension and enfranchisement work, our property litigation team offers fixed fee arrangements. Where hourly rates apply, we will provide clear cost estimates and explain potential funding structures during your initial consultation. We aim to make the lease extension process as transparent and cost-effective as possible, including advising on valuation and other costs such as surveyor fees and Land Registry charges.

Get in touch with our expert lease extension solicitors to learn more about our services and how we can assist with your property.