Brindley Twist Tafft & James

Lease Extension Solicitors

If your lease is running short, you may already feel the pressure, whether you’re trying to remortgage, preparing to sell, or simply worried about the long-term value of your home. At Brindley Twist Tafft & James, our conveyancing solicitors are experienced in lease extension and leasehold enfranchisement (the legal right to acquire or control the freehold). We’re regulated by the Solicitors Regulation Authority (SRA) and offer clear, transparent pricing wherever possible.

Contact our lease extension solicitors in Coventry, Warwick, Balsall Common and Southam

If you require supportive advice or guidance on extending your lease or buying the freehold, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam or email one of our solicitors below.

What is a lease extension?

Leasehold ownership gives you the right to occupy a property for a fixed term. As the unexpired term falls, so does the property’s value and mortgageability; most lenders require at least 70 to 85 years remaining. You can extend via the statutory route, a legal right under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), or by negotiating informally with the freeholder.

Statutory lease extension under the Leasehold Reform, Housing and Urban Development Act 1993

The statutory route entitles qualifying flat leaseholders to add 90 years to their existing unexpired term and reduce the ground rent (the annual sum paid to the freeholder) to a peppercorn, meaning effectively nil. It provides strong legal protection and a defined timetable.

Who qualifies as a “qualifying tenant”?

Your lease must originally have been granted for more than 21 years. Under current rules, you must also have owned the property for at least two years. Once the relevant provisions of the Leasehold and Freehold Reform Act 2024 (LFRA 2024) come into force, this two-year requirement will be abolished.

The Section 42 Notice process

You begin by serving a Section 42 Notice (your formal claim) on the freeholder, who must respond with a counter-notice within two months. The parties then negotiate the premium (the sum paid for the extended lease). If agreement cannot be reached, either side can apply to the First-tier Tribunal (Property Chamber).

Informal (voluntary) lease extensions

Approaching the freeholder directly can be quicker, but there is no legal framework to compel engagement, and the freeholder may propose less favourable terms such as retaining a ground rent. We’ll advise you on which route suits your circumstances and review any proposed terms before you commit.

The 80-year threshold and marriage value

Once a lease falls below 80 years, marriage value applies. This is the uplift in the combined value of the freehold and leasehold interests arising on an extension, shared equally between the parties and increasing the premium significantly. The LFRA 2024 plans to abolish marriage value, but this provision is not yet in force. Acting before the 80-year point is strongly advisable.

Leasehold enfranchisement - buying the freehold

Leasehold enfranchisement gives you the right to buy the freehold. House leaseholders can generally enfranchise under the Leasehold Reform Act 1967 (LRA 1967). Flat owners can use collective enfranchisement under the LRHUDA 1993 to purchase the freehold jointly.

Collective enfranchisement explained

At least half of the qualifying tenants in a block must participate. The group forms or nominates a Right to Enfranchise (RTE) company to act as the purchasing vehicle. Once the freehold is acquired, leaseholders can control building management and grant themselves longer leases at nil ground rent.

Right to manage as an alternative

Leaseholders in a qualifying block can exercise the right to manage (RTM) under the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). RTM allows leaseholders to take over building management without buying the freehold and at lower cost, though it does not confer ownership or control over ground rent levels.

The Leasehold and Freehold Reform Act 2024 - what’s changing

Many LFRA 2024 provisions still await secondary legislation. Key planned changes include:

●      Extensions of 990 years, replacing the current 90-year top-up for flats.

●      Abolition of the two-year ownership requirement.

●      Abolition of marriage value in premium calculations.

●      A ban on the grant of new leasehold houses.

●      Changes to the enfranchisement valuation methodology.

How much does a lease extension cost?

Costs fall into three elements: the premium paid to the freeholder, professional fees (your solicitor and a Royal Institution of Chartered Surveyors (RICS) valuer), and the freeholder’s reasonable legal and valuation costs under the statutory route. The premium depends on the unexpired term, ground rent, property value, and whether marriage value applies. For a full breakdown of legal fees and disbursements, see our guide to conveyancing prices.

The lease extension process step by step

1.               Initial advice and review of your lease.

2.              Instruction of an RICS valuer to assess the premium.

3.              Service of the Section 42 Notice or opening of informal negotiations.

4.             Freeholder’s counter-notice within two months.

5.              Negotiation of the premium and lease terms.

6.             Exchange and completion.

7.             Registration at HM Land Registry.

Lease extension when buying or selling a property

A short lease reduces the pool of mortgage-eligible buyers and can put pressure on the asking price. If the seller has already served a Section 42 Notice, it may be possible to have that notice assigned to you on completion, avoiding the two-year wait. Once the LFRA 2024’s removal of the two-year rule is commenced, this workaround will no longer be needed.

Why choose BTTJ for lease extensions and enfranchisement?

Our conveyancing team combines specialist leasehold knowledge with a practical, client-focused approach, advising leaseholders across Coventry, Warwickshire and beyond. We’re regulated by the SRA, work alongside trusted RICS valuers, and offer transparent pricing. For related leasehold matters, see our residential landlord and tenancy pages.

Frequently asked questions about lease extensions

How long does a lease extension take?

The statutory route typically takes six to 12 months. An informal extension can sometimes complete more quickly, though there is no legal obligation on the freeholder to engage within set timescales.

How much will my lease extension cost?

Costs include the premium paid to the freeholder, your solicitor’s and valuer’s fees, and the freeholder’s reasonable costs. We can’t give a precise figure without reviewing your lease, but we offer an initial assessment to help you plan. See our conveyancing pricing guide.

Why is the 80-year mark so important?

Below 80 years, marriage value is added to the premium, which can significantly increase what you pay. The LFRA 2024 plans to abolish marriage value, but this hasn’t yet come into force.

Do I qualify for a statutory lease extension?

You qualify if you hold a long lease (originally granted for more than 21 years) on a flat. Under current rules, you must also have owned the property for at least two years; the LFRA 2024 will remove this requirement once commenced.

What is the difference between a statutory and an informal lease extension?

The statutory route adds 90 years and reduces ground rent to nil, with tribunal protection if terms can’t be agreed. An informal extension can be faster but offers less protection.

What is collective enfranchisement?

Collective enfranchisement is the right for leaseholders of a qualifying block to jointly purchase the freehold under the LRHUDA 1993. At least half of the qualifying tenants must participate.

Can I extend my lease if I have only just bought the property?

Under current rules, you need at least two years’ ownership. If the seller served a Section 42 Notice before completion, that notice may be assigned to you on purchase. The LFRA 2024 will remove the waiting period entirely once commenced.

What happens if the freeholder is missing or refuses to engage?

You can apply to the County Court for a vesting order, allowing the court to grant the new lease on your behalf. We have experience advising on missing freeholder cases.

Can I buy the freehold of my house?

Yes. Long leaseholders of houses generally have the right to buy the freehold under the Leasehold Reform Act 1967, subject to qualifying criteria. The rules differ from the flat enfranchisement route, so tailored advice is recommended.

How will the Leasehold and Freehold Reform Act 2024 affect me?

The LFRA 2024 introduces 990-year extensions, abolishes marriage value and the two-year ownership rule, and changes the enfranchisement valuation methodology. Many provisions still await secondary legislation. We’ll advise you on what’s currently in force.

Get specialist lease extension advice today

Our conveyancing team is ready to help you protect the value of your home and navigate the leasehold system with confidence.

If you require supportive advice or guidance on a lease extension, leasehold enfranchisement or any related matter, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam, or email one of our solicitors below to see how we can help.

Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo
Accreditation logo