Do I have the right to extend my lease?

Every leaseholder in England and Wales has a statutory right to extend their lease provided they meet the requirements, which are:

1. A qualifying leaseholder with a competent Landlord; and
2. A qualifying building.

Lease extension solicitor Callie Tuplin discusses what makes you a qualifying leaseholder.

Qualifying Leaseholder

To be a qualifying leaseholder you must own a long lease and have owned it for the past two years.

A long lease is:

• a lease of a term of years absolute in excess of 21 years when originally granted;
• a shorter lease which contains a clause providing a right of perpetual renewal;
• a shared ownership lease where the leaseholders’ share is 100%;
• a lease terminable on death or marriage or an unknown date (including the so called ‘Prince of Wales’ clauses);
• a leaseholder having held over at the expiry of a long lease, and the landlord has not served a notice terminating the tenancy.

The majority of leaseholders in England in Wales wishing to extend their lease will satisfy the criteria by the term as nearly all residential leases (flats and maisonettes) have a term in excess of 21 years. Therefore, provided you have owned the property for the past two years you will be able to proceed provided you have a competent Landlord. Even if you are a qualifying tenant, if your landlord is a charitable housing trust and the property is provided as part of the charity’s functions or the leaseholder is a commercial or business tenant you do not have the right to extend under the provisions of the act.

Qualifying Building

If you are a Qualifying Tenant under the provisions above, unfortunately there are some properties which are completely excluded from the right to a lease extension which are as follows:

• National Trust properties;
• Buildings within a cathedral precinct; and
• Crown properties

Unfortunately, therefore, if your property is within on of the above buildings, you will not be able to proceed with a statutory lease extension.

Ready to proceed

If you meet the above criteria in relation to being a qualifying tenant within a qualifying building, then you are good to go and can start the process of a statutory lease extension.

Contact Holmes & Hills lease extension specialist Callie Tuplin today to discuss extending your lease, whichever route you are taking on 01206593990 or email cnt@holmes-hills.co.uk.