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Lease Extension & Enfranchisement

 

Resolution specialises in lease extension and freehold valuations, for both freeholders and leaseholders.

Our clients benefit from our wealth of experience, technical and legal knowledge and ability to negotiate within this framework in achieving the best outcome.

We offer a transparent and cost-effective service and would be happy to discuss your case.

Resolution is a member of ALEP (Association of Leasehold Enfranchisement Practitioners.

 


Types of Lease Extension

There are principally two forms of lease extension, known as a statutory lease extension and an informal lease extension.

A Statutory lease extension is made under the Leasehold Reform, Housing & Urban Development Act 1993 (1993 Act) and is started by the service of a Section 42 Notice (Notice of Claim) served by the lessee on the freeholder.

The lessee is afforded statutory protections when making a statutory lease extension claim such as the ability to make an application to the First Tier Tribunal as well as statutory time-limits. These are not afforded under the informal lease extension route.

An informal lease extension is a deal with the freeholder outside the framework of the 1993 Act.  It is usual for the freeholder to maintain or even increase the ground rent payable and maintain some reversionary value be setting the extended lease term at 99 or 125 years (as opposed to 90 years plus the current unexpired term under a statutory extension); the freeholder does this in exchange for a lower premium (cost).

It will be individual circumstances (finances, freeholder’s willingness, intentions to sell, time-frame…..) that will dictate which route is preferable.

Resolution provides a comprehensive service which will price all informal offers and does so alongside a statutory lease extension, so that the client has the cost/ benefit analysis it needs to make a fully informed decision on the fundamental economics of each option and the implications.


Time-frames

Under the 1993 Act a timetable is formed as below:

  1. Valuation;
  2. Instruction of a Solicitor;
  3. Serving of a Section 42 Notice on the freeholder;
  4. Freeholder counter notice (Section 45 Notice) within two months;
  5. Six months of negotiation allowed from the date of the S.45 before which an application to the First Tier Tribunal in order to protect the lessee’s notice;
  6. Tribunal directions commence in the event the lease extension cannot be agreed.

There are no time-limits for an informal lease extension as this is simply a trade between the lessee and the freeholder, albeit usually it is progressed much quicker than a statutory claim.


Costs

Under Section 60 of the 1993 Act the lessee is responsible for the freeholder’s (and any intermediate leaseholder’s) reasonable professional fees (usually this relates to solicitor and surveyors fees).

Resolution may advise that a lessee challenge these fees in certain circumstances if it is deemed they are not reasonable.

Once a tribunal application is made each party usually bears its own costs.


First Tier Tribunal

We represent clients in tribunal often undertaking the role of both advocate and expert where a client wishes not to instruct Counsel.