Solicitors for Leasehold
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When you buy a leasehold home, the land the property sits on will be owned by the freeholder, and you will lease it for a set amount of time. A lease extension is the process of adding years to a lease.
As the number of years on a lease decreases, the home’s value can be impacted, which can make it difficult to remortgage or sell. As a result, it’s important to be aware of the years left on your lease and when you should extend.
A lease extension solicitor will assist you with this process. They’ll advise you on your lease extension, explain any jargon and ensure the process is completed efficiently.
This is the formal process when extending a lease:
1. Get a lease extension valuation
A RICS surveyor assesses the property, lease and ground rent to determine a valuation.
2. Choose a lease extension solicitor
Your solicitor reviews your lease and the valuation, then agrees an opening offer approach with you.
3. Submit the Section 42 Notice
Your conveyancer serves the formal notice to trigger the statutory process.
4. Review the Section 45 Counter-Notice
The freeholder responds and negotiations begin.
5. Apply to the First-tier Tribunal (if needed)
This usually only happens if negotiations are unsuccessful.
6. Complete the new lease
Your solicitor finalises the paperwork for signing, completion and registration.
Extending your lease can protect your property’s value and make it easier to sell or remortgage. As the lease gets shorter, buyers and lenders may be put off, and the cost of extending can increase. A longer lease can also give you more security and reduce future complications when you come to move.
For qualifying leaseholders, the statutory lease extension process typically allows you to add 90 years to a flat lease and reduce the ground rent to a “peppercorn” amount (effectively £0).
It is strongly advised that you consult a lease extension solicitor, especially when there are fewer than 80 years on the lease. Once a lease drops below 80 years, the extension can become more expensive due to “marriage value”. Recent reforms aim to change how some parts of the valuation work, but changes are being phased in and your solicitor can confirm what applies to your case.
Some of their unique responsibilities include:
- Serve the Section 42 Notice: your solicitor will review and submit the Notice, which triggers the process, and monitor the freeholder’s Section 45 Counter-Notice.
- Work with the valuer: you’ll usually need a RICS valuation. Your solicitor will help use the valuation to agree a sensible opening offer.
- Draft the new lease documents: updating contracts to reflect the new lease term and sending them to the freeholder.
- Make third-party payments: costs such as the freeholder’s solicitor fees and valuation fees may be paid via your solicitor, and they may liaise with your mortgage lender where needed.
- Update Land Registry: submitting the new lease and any updated mortgage documents once the extension completes.
The average solicitor fee for lease extensions is £1,145, with the cost depending on factors including:
- Value of the property
- Length of the lease and years remaining
- Annual ground rent payable
- Value of improvements made to the home
- Expected value after the lease extension
You may also need to pay the freeholder’s solicitor, bringing the average total to £2,290.
In addition to solicitor fees, you will also need to factor in other costs associated with extending a lease:
Lease extension premium
The premium agreed with the freeholder is often the largest cost. The premium depends on negotiations and is influenced by location, property value, lease length and ground rent payable.
Surveyor’s fees
You’ll usually need a valuation survey, and you may also be responsible for the freeholder’s valuation cost.
Read our guide, How Much Does It Cost to Extend a Leasehold?, for a clearer understanding of the costs involved.
It’s usually best to extend before the lease drops below 80 years. Once it falls under 80 years, the extension can become more expensive and negotiations may be harder. If you’re planning to sell or remortgage soon, checking the lease term early can help you avoid delays.
A lease extension can take several months, depending on how quickly valuations, notices, and negotiations progress. Straightforward cases can be quicker, while disputes or tribunal involvement may extend the timeline. Your solicitor can give a clearer estimate once they’ve reviewed your lease and the freeholder’s position.
