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Illustration of a lease extension process with a focus on individual rights

Can I Extend My Lease If Other Freeholders Aren’t Interested in Extending Share of Freehold?

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    If you own a share of the freehold but find that your fellow flat owners are uninterested in extending their leases, you might be wondering about your options. The good news is that you can still proceed with extending your lease individually. In this blog, we’ll explore the process, requirements, and considerations involved.

    Understanding Lease Extensions

    A lease extension allows you to renew the terms of your lease for a longer period, typically 90 years for flats and 50 years for houses, which can significantly increase your property’s value. However, the process can be more complex when you’re part of a share of freehold arrangement.

    Individual Rights in a Share of Freehold

    1. Your Rights: As a leaseholder with a share of the freehold, you have the legal right to apply for a lease extension individually, regardless of other owners’ decisions. This is a significant advantage of holding a share of the freehold, as it grants you autonomy in managing your lease.
    2. Section 42 Notice: To initiate the lease extension process, you’ll need to serve a Section 42 Notice to your fellow freeholders. This document formally requests an extension and outlines your proposed terms. If you’re unsure about how to draft this notice, consider referring to our guide on issuing a Section 42 Notice.
    3. Costs and Valuation: You may need to pay a premium for the lease extension, calculated based on various factors, including the remaining lease term and the property’s value. For a detailed overview of how to calculate this premium, see our article on lease extension valuation.

    Process of Extending Your Lease

    The lease extension process typically involves the following steps:

    1. Valuation: Hire a qualified surveyor to assess your property’s value and calculate the premium for the lease extension. You can find more about valuation services here.
    2. Serve Notice: Once you have a valuation, serve the Section 42 Notice to the freeholders, as mentioned earlier.
    3. Negotiation: After the notice is served, the freeholders can respond with a counter-offer. This negotiation can be intricate, and it’s advisable to seek legal advice throughout the process.
    4. Final Agreement: Once terms are agreed upon, you’ll need to formalize the extension through a legal document, usually managed by a solicitor.

    What If the Freeholders Refuse?

    If the freeholders do not respond to your notice or refuse your request, you have the option to take your case to the Leasehold Valuation Tribunal. This tribunal can help resolve disputes over lease extensions and determine a fair premium if negotiations stall. For more on this process, check our post about leasehold valuation tribunals.

    Conclusion

    In summary, even if other freeholders are not interested in extending their leases, you can still proceed with your own lease extension. Understanding your rights and the legal framework surrounding lease extensions will empower you to make informed decisions regarding your property. For further insights into leasehold matters, explore our comprehensive resources, including how to extend your lease and the lease extension guide.

    For more information or assistance with your lease extension, don’t hesitate to reach out to our team of experts. Contact us.

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