WHAT IS IT?
The individual right to a statutory lease extension applies to all qualifying leaseholders of flats.
Please also note that If you are in the process of buying a property, the seller may be able to transfer to you their right to extend the lease to avoid having to wait two years.
WHAT DO I GET?
If you qualify, then you will be entitled to acquire a new extended lease in substitution for your existing lease. This extended lease will be for a term expiring 90 years after the end of the current lease. You will also no longer have to pay ground rent.
THE PRICE
The price to be paid for the new lease will be determined by key factors including the current length of your lease, the ground rent currently paid and the current and future value of your flat.
HOW DO I CLAIM?
The qualifying leaseholder serves a statutory notice on the landlord and any other interested party to the lease.
The landlord then has 2 months to respond and the statutory response is normally preceded with a request for the leaseholder to provide evidence of their title together with a 10% deposit which will come off the final premium paid. The landlord’s surveyor is also likely to inspect the flat for the purpose of carrying out a valuation.
DISPUTES
If either the terms of the lease or the premium remain in dispute after two months following the date of the counter-notice, then the leaseholder can apply to the leasehold valuation tribunal for a determination to be made.
COMPLETION
Once the terms of the lease and the premium have been agreed or determined by the leasehold valuation tribunal, then the matter reverts to a conveyancing transaction with the parties proceeding to completion of the new lease.
It is essential to be prepared and to be properly advised before starting down the road to an extension. There is no limit to the number of times that a leaseholder can exercise this right so long as they are prepared to pay the costs for doing so but serving an incorrectly prepared notice and not following the correct procedure can be costly and can cause delay. Getting the right advice is imperative for you to achieve your goal.