Lease extensions | Winston Solicitors UK Skip to main content

Lease extensions

Why do I need a lease extension?

Flats or maisonettes are normally held on long leases. Historically, many leases were granted for a period of 99 years or 125 years. Now, it is more usual for the lease period to be longer. If your lease has less than 85 years left to run, you should consider extending it.

Lease extension costs

Whilst extending a lease costs money, as you will need to pay an amount for the extension along with the landlord’s costs and your own costs. The costs of not extending a lease that has reduced to below 85 years is often significantly more due to:

  • Some lenders will not lend where the lease has less than 85 years left to run.
  • The shorter the lease, the more difficult it is to mortgage or sell. As the term of the lease reduces, it becomes less valuable

Extending the lease on a flat or other leasehold domestic property

There are three different ways of extending the lease:

  1. Statutory lease extension
    There is a statutory procedure for extending the lease period by 90 years. This involves serving a notice, obtain valuations and agreeing a premium (price). The tenant will have to pay the landlord’s legal costs and valuation fees. The lease provisions remain the same, except that the ground rent is reduced to a peppercorn, which means in practice that there is no ground rent to pay for the rest of the lease period.
  2. Non-statutory lease extension
    Some landlords will agree to extend the lease without being served with a statutory notice. They might still instruct valuers and they might agree to extend the lease period for more than 90 years. Some landlords might try to use this to their advantage by suggesting high rents and unrealistic rent review provisions. This should be resisted. Many lenders will not lend if the rent doubles periodically, increases too frequently, or rises above £250 per year if the property is outside London.
  3. Voluntary lease extension
    Where leases of other flats in the same development or other properties on the same estate have already been extended, the landlord might agree to extend the lease period for more than 90 years on similar terms to the lease extensions already granted, including the premium, at a fixed starting rent, increasing by a fixed amount every 25 years, and capped at £250 per year. The tenants will almost certainly have to pay the landlord’s legal costs. If the landlord agrees to go down this route, there should be no valuation fees.

If the freehold is owned by a management company in which all the tenants have shares, it should be possible to negotiate a voluntary lease term of 999 years with no ground rent, but with the other lease provisions remaining the same.

Lease extension advice from Solicitors

If the statutory procedure is adopted, it will normally be necessary to instruct solicitors to serve the notice. The solicitors may become involved in the negotiations and the procedure can be drawn out.

If the non-statutory procedure is adopted, the procedure can be drawn out if the landlord proposes unreasonable terms.

If the voluntary procedure is adopted, solicitors can be instructed when terms have been agreed. The wording of the documentation can be agreed quickly, sometimes within a few days if the landlord’s solicitors deal with matters promptly.

If the property is in mortgage, the lender will need to agree to the lease extension and a Deed of Substitution will need to be signed. This ensures that the lender has security over the extended lease.

The lease extension needs to be registered at the Land Registry. The Land Registry closes the existing leasehold title and opens a new leasehold title. It can take the Land Registry up to 6 months to complete the registration.

If you are thinking of extending your lease and would like to discuss the matter, please telephone Jeremy Conway on 0113 218 5427.

Client feedback

Absolutely fantastic, kept us informed every step of the way when purchasing our home
Marie
We are so grateful to Sidraa for all her support during our recent property purchase. She kept us informed and up to date every step of the way, always responding promptly and sharing information clearly and in a timely manner.Sidraa worked incredibly hard behind the scenes, handling so much of the legal side with care and efficiency — often without us even realising just how much she was doing. Her dedication and thoroughness made the whole process feel smooth and stress-free, which we deeply appreciate.Thanks to her professionalism and attention to detail, what is usually a complex and sometimes overwhelming process felt straightforward and well-managed. We couldn’t have asked for a better solicitor and wouldn’t hesitate to recommend Sidraa to anyone buying a property.
Sahid
I would highly recommend Winston Solicitors to anyone in need of reliable legal support. Sidraa was outstanding throughout our entire process—reliable, diligent, informative, and genuinely kind. She kept us consistently updated, always took the time to explain things clearly, and was readily available to speak with us directly whenever we had questions. Her professionalism and personal touch made a potentially stressful process feel smooth and manageable.
Jacob C
Great service by Winston Solicitors - was communicated at every step - would recommend both Tom and Sidraa for their professionalism
Anonymous
Excellent
Anna L
A very good conveyancing service. Clear and direct communication throughout the process. I would recommend Winston's solicitors if you intend to buy or sell a property.
Mr G
Very best service as First time buyer they explained and Sort out everything clearly for me.
Nosheen
Samantha was great. Very efficient. Always able to help. Very straightforward transaction. I would recommend.
Mr & M
Contact Jeremy