Who is exempt from lease extension?

Under the Leasehold Reform, Housing and Urban Development Act 1993, lessees have a legal right in extending the lease on their flats for an additional 90 years without ground rent, although they need to pay the freeholder to take up this right. Certain leaseholders however are completely exempt from the right to a lease extension, namely if:

• it is a building with fewer than four flats with a resident landlord

• the flat has been sub-let by the leaseholder on a long lease (21+ years)

• the freeholder is part of a charitable housing trust and the flat is provided by the charity as part of charitable work

• the original lease had less than 21 years remaining

• the property is a National Trust building

• the property is owned by the Crown

• the property is within the boundaries of a cathedral precinct

• they are a short-term tenant

• they have a business lease

• they have been registered as the owner for less than two years

• they own more than two flats in the same building

Although in all other cases it is your legal right to apply for an extended lease, these factors not necessarily make you outright exempt. It is still possible to attempt to arrange a leasehold extension via an informal negotiation with your landlord.

Instruct our team of specialist lease extension solicitors who will guide you through this complex process and help eliminate the worry from what can be a stressful situation for both lessees and freeholders -simply call us on 01722 422300.