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Your Rights as a Leaseholder and Tenant

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Legal Entitlement

The Leasehold Reform Housing and Urban Development Act 1993, and the Commonhold and Leasehold Reform Act 2002, (‘the Act’) give a leaseholder / tenant, subject to a few qualifying conditions, the right to extend their flat lease by a further 90 years, or to purchase the freehold with co-lessees.

The right to ‘extend’ or ‘purchase’ is an absolute right of the lessee. Once the lessee decides to extend the lease or, in conjunction with others, buy the freehold, the process will provide for such an extension or purchase to be achieved. Either through negotiation between the parties or, in the case of a dispute with the landlord, by the Leasehold Valuation Tribunal (“LVT”), the lessee(s) will be able to purchase the freehold or in the case of an individual lessee extend their lease.

A landlord conversely will be entitled to receive fair value for the lease extension or freehold sale. The aim is that both lessee and landlord will achieve a fair and satisfactory result which will leave the parties with exactly what they are entitled to, no more no less.

Extending a Lease

The lease must have an original term of at least 21 years. The lessee must have owned the property for at least 2 years. The new lease will be for a term of 90 years in addition to the current unexpired term. Once extended, the rent, under the new lease, will be at a peppercorn. Service charges will remain unaltered.

Collective Purchase of a Freehold

Each lessee must own a lease, which must have an original term of at least 21 years. Not less than 50% of the lessees / tenants of all the flats in the building must participate.

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(ALEP) Association of Leasehold Enfranchisement Practitioners
RICS Royal Institution of Chartered Surveyors