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Section 42 Notice Explained: A Complete Guide for Property Owners

Leaseholders have the right to have their lease extended if they meet certain eligibility criteria. This right is outlined in the Leasehold Reform, Housing, and Urban Development Act of 1993, which allows leaseholders to extend their lease for an additional 90 years. A notice must be served on the freeholder or landlord to begin the statutory leasehold extension process. This Notice is also referred to as the Section 42 Notice or the Tenant’s Notice. This guide summarizes everything you need to know about Section 42 Notice.

Our experienced chartered surveyor gives his advice on the six top leasehold issues.

Definition: Section 42 Notice

A Section 42 Notice is a formal request from a leaseholder to a freeholder. The ground rent is reduced to a peppercorn in addition to the right to a 90-year lease extension. A leaseholder pays a small amount of peppercorn rent (£1 per annum) to satisfy a legal agreement between them and the freeholder. The Notice also includes a proposed premium for the lease extension allowance. The freeholder or landlord must respond with a Counter-Notice within two months of receiving a Section 42 Notice. A Counter-Notice indicates whether the freeholder accepts or rejects the lease extension.

Eligibility: Serve Section 42 Notice

If the leaseholder is eligible for the formal lease extension, there are very few reasons that a freeholder can reject a served Section 42 Notice. However, they may reject the Notice based on the premium offered or if the leasehold is ineligible for the lease extension. You are qualified to serve a Section 42 Notice on a freeholder if and only if you meet the following criteria:

  • You’ve owned the property for at least two years.
  • The initial lease was granted for more than 21 years
  • The property for which you want to extend your lease is not commercial or business property.

Contents: Section 42 Notice

The Leasehold Reform, Housing, and Urban Development Act of 1993 specifies the contents of the Tenant’s Notice. Section 42 Notice must include the following elements, according to the Act

  • The tenant’s full name and the address of the property for which they want to extend their lease.
  • The terms of the tenant’s first lease. These include the lease’s date, the lease’s terms, the lease term, and the date the lease term began.
  • The proposed premium is payable to the freeholder in exchange for granting a lease extension for the subject property.
  • The tenant’s proposed terms for the proposed lease extension.
  • Details of the tenant’s appointed solicitor, including the name and address in England and Wales where future notices may be served.
  • The date on which the tenant wishes the landlord or freeholder to serve a Section 45 Counter Notice in response to the Section 42 Notice. This date, however, must be more than two months after the Counter Notice was served.

Concerning the Section 45 Counter Notice

While the Section 42 Tenant’s Notice initiates the lease extension process, it is the Freeholder’s Counter-Notice that determines the extension’s progress. When served with a Section 42 Notice, the freeholder may respond in one of a number of ways via the Counter-Notice:

  • Accepting the request for a lease extension and agreeing to your terms.
  • Accepting your lease extension request, but only if you agree to different terms.
  • Refuse your request due to the landlord’s claim to redevelop the flat.
  • Reject your request due to ineligibility for statutory lease extension requirements or flaws in your Section 42 Notice.

It is unusual for a freeholder to reject the Tenant’s Notice. This is because rejecting a Section 42 Notice may result in severe legal consequences for the landlord. These may include a court order to agree to the leaseholder’s terms or even losing control over the lease extension premium. When a freeholder accepts your request on the condition that you agree to new terms, it is often a ploy to open the door to further negotiations.

When it comes to lease extensions, the Section 42 Notice is an important document. Any flaw discovered on it can thus be used to dismiss it in a court of law. When your Section 42 Notice is dismissed in court, it means that your lease extension request has been halted. The worst consequence of a rejected Section 42 Notice is that you will be unable to apply for a lease extension for another 12 months. This is why you should think about hiring a professional lease extension lawyer.

The Advantages of Using a Solicitor to Serve a Section 42 Notice

A Section 42 Notice can be served by yourself. Getting assistance from an expert solicitor, on the other hand, has numerous advantages, including:

  1. Experience and Expertise -Serving an incomplete and inaccurate Section 42 Notice is one of the reasons why the Notice can be dismissed in court. Lease extension lawyers have served numerous notices for a variety of clients. As a result, they are familiar with the common flaws and errors that can result in the rejection of a notice. You can be confident that your Section 42 Notice will be served flawlessly if you use a solicitor. Due to the legal participation of a solicitor, the likelihood of the lease extension being granted by the freehold is also high
  2. Notice-Follow Up – Solicitors can assist you in following up on the freeholder’s Counter-Notice. If the freeholder fails to serve a Counter-Notice, solicitors will advise you on the best course of action to take.
  3. Legal Advice The entire process of serving a Section 42 Notice is a statutory procedure. A lease extension solicitor provides you with the legal advice and assistance you need when serving the Tenant’s Notice. They will clearly explain the legal procedure for serving the Notice and will advise you on all of the details that should be included in the Section 42 notice before you can finally serve it to the freehold.

The Section 42 Notice Service Procedure

The following is a step-by-step guide to serving a Section 42 Notice.

  1. Lease Premium Valuation – The calculation of determining how much you will pay a freeholder for the lease extension is known as premium valuation. A Section 42 Notice should include information about your proposed lease extension premium. This premium should be valued by an RICS valuer who is specialised in this field. RICS valuers are experts at estimating the cost of a long-term lease. Your premium should not be too low. A low premium valuation is grounds for the freeholder to reject your Notice.

The following are the reasons why you should hire an RICS valuer:

    • They will advise you on the best premium to include in the Tenant’s Notice.
    • They assist you in determining the possibility of a premium in all circumstances.
    • You will be assisted by the valuer in responding to the freeholder’s Counter-Notice.
    • During negotiations with the freeholder on the payable premium, the valuer deals with all matters, until a resolution is finalised.
  1. Check to See if You Can Afford the Proposed Premium – As compensation for the lease extension and loss of ground rent income, you will be required to pay a premium to the freeholder. As a result, you should assess the premium valuation highlighted by your valuer to determine whether you can afford to make such a payment. Once you’ve determined that you can afford the premium, you can hire a solicitor to assist you in serving your Notice.
  2. Hire a Solicitor – A professional solicitor will assist you with the remaining stages of serving a Section 42 Notice, which includes the following;
    • Obtaining the necessary information to demonstrate identity, address, and financial ability to pay the premium.
    • Obtaining a duplicate of your lease.
    • Checking your eligibility for a lease extension.
    • Obtaining the freeholder’s or landlord’s home address.
    • Obtain the contact information for the freeholder’s lawyer.
  3. Section 42 Notice Drafting – Your lawyer will also deal with the drafting a Section 42 Notice. The draught must include all of the elements required by the Leasehold Reform, Housing, and Urban Development Act of 1993. Once they have finished drafting the Notice, you will be required to sign it in the presence of a signature.
  4. Serving the Notice – The Section 42 Notice is ready to be served to the freeholder’s address once it has been drafted and signed. Your solicitor should handle this via special delivery or courier. This is to ensure that the freeholder has received and signed the Notice. It is critical to note that the cost of delivering the Notice is your responsibility. The landlord may also require you to send proof of your lease extension eligibility.

For more queries related to the length of the remaining lease and how much any lease extension may cost, have a lease extension valuation undertaken by an expert lease extension valuer.

What Happens After You Serve a Section 42 Notice?

The landlord has two months to respond to your request after you have served the Tenant’s Notice at the freeholder’s address and they have acknowledged receipt. The landlord’s response is captured in the Counter-Notice, with the landlord indicating his or her interest in the request. If the freeholder has rejected your Notice without giving any reason, you have the legal right to apply to a court for a Vesting Order.
If your landlord accepts your Tenant’s Notice and all necessary negotiations are completed, your solicitor will complete the new lease and deal with registering the Section 42 Notice with the Land Registry. However, you will be required to pay before this is done, such as the new lease premium, professional fees, ground rent, stamp duty, and other service charges.

Section 42 Notice Time Limits

  • Section 45 Counter Notice Issuance – By law, the freeholder must serve his counternotice within two months of receiving the Tenant’s Notice. Their response should be in the form of a formal document known as a Section 45 Counter-Notice. The freehold should clearly state in this document whether they have accepted the terms of a lease extension or have declined the lease extension request. If they reject the leasehold’s section 42 notice, they must state all valid reasons for the rejection in the counter-notice, as allowed by law.
  • Confirmation of Eligibility – The landlord may request proof of lease extension eligibility. They do, however, only have 21 days to request this confirmation. The leaseholder is then given 21 days to respond to this request.
  • Inspection Notice – The freeholder has the right to inspect the property in question to determine its worth. This procedure, however, requires a 3-day notice and must be done in writing.
  • Rejection of Tenant’s Notice – The freeholder has at least two months, but no more than six months, to provide reasons for rejecting your Section 42 Notice. During this period your surveyor will try and negotiate with the freeholder’s surveyor to reach an amicable agreement on the premium.

Section 42 Notice Fees

The fees for drafting and serving a Section 42 Notice vary depending on the solicitor. Here are some ballpark figures to help you plan your conveyancing budget.

  • Valuation of a Lease Extension by a Qualified Valuer – £500 to £1000
  • Leaseholders Solicitors Fee – £500 to £800 Per Person Online ID Fee – £8
  • Solicitor’s Fee for the Freeholder – £800 to £1500
  • Obtaining a copy of the lease for £3 Registering and copying title plans for each title for £6 Registering the Section 42 Notice at Land Registry for £20

Extra payments may also be required for services such as obtaining a Vesting Order, negotiating the lease extension premium, and completing the lease extension process. All of the cost estimates presented here include taxes.

The Importance of Property Surveys: Understanding Their Purpose and Benefits

We are aware that moving house can be an expensive process. And when the topic of a property survey is brought up, the thought of shelling out yet another expense could be a tough one to take. It feels amazing when your house offer is approved. But after that comes the chore of having the house surveyed. Given that some surveys are longer and more in-depth than others, it can be tempting to choose the one that is least expensive. But that might not be the best course of action for you or the property. Everything there is to know about a property survey is covered in this article. also explains the significance of property surveys.

However, failing to get your house examined by a qualified chartered surveyor could force you to pay thousands of pounds in unforeseen repairs. The examination will reveal building degradation and previously undiscovered flaws.

If you are looking for a lease extension in the UK, contact us for assistance. Our team of chartered surveyors can help you successfully negotiate your lease extensions or enfranchisement. Give us a call for a consultation today

What is a Property Survey?

A professional chartered surveyor will conduct a property survey. It is a thorough examination of a property’s state. They will often inspect the structure and state of the home you are purchasing or selling. The property is then examined by the surveyor. They will also let you know if the house has any issues.

We explain why we require property surveys and , how to obtain them,

  1. Negotiation Power – Prior to exchanging contracts once your offer has been accepted on a property, it is crucial to order a survey. Property surveys ought to be carried out during the purchasing process since the data they provide can be a very effective negotiating tool. They will assist you in learning more about the building’s condition and provide you with a potent negotiating tool if faults are discovered, allowing you to convince the seller to reduce the asking price or to make repairs.

    Say you are willing to spend a little more than you had planned because you think the house doesn’t require any more maintenance or repairs. A survey will either support or refute this. You should be able to argue for at least some of the building repairs to be deducted from the property’s appraised worth. As an alternative, the seller might consent to make the repairs before your move-in in exchange for full payment. Additionally, in some situations, the asking price may already include these problems and repairs. If done quickly and by experts, surveys can also save time on conflicts and altercations.

  2. Mindfulness and Deal-breakers – A survey can reveal structural issues or possible issues that you might have missed. And in the long run, this can enable you to save money. It could either convince you not to purchase the home at all or give you evidence to support any demands for improvements or price reductions before buying. It might cost you a significant amount of extra money and put you in a very difficult position if you pay a premium for a house without a survey, move in, and discover that it has a great number of concerns.

    Property acquisition can be nerve-wracking and risky, especially if the property will serve as your new residence. Even though the survey’s findings aren’t always good, at least you are fully aware of the risks and expenses involved before proceeding. Additionally, you have the option to cancel the sale if necessary if the survey is conducted before the transaction is finalized, which is typically the case.

  3. Existing Improvements – The surveyor will often certify that the structures on your property and any other renovations, upgrades, or repairs made at the time of the survey do not contravene any laws or other restrictions.
  4. Save money in the long term – You will only save money in the long run by identifying flaws and potential structural concerns in the building as soon as possible. Since purchasing a home is typically the single largest investment a person will make, it only makes sense to ensure that your purchase is high-quality and long-lasting.

Who carries out the property survey?

Highly qualified chartered surveyors conduct a property survey to assess the state of your property. An expert in property is a chartered surveyor. They generate a report so you can determine whether it is a wise investment or if there are any issues, such as dampness, structural problems, or anything else, that could provide problems in the future.
Buying the freehold of your property could be very beneficial. However, the process involved in purchasing your freehold is complex and confusing. Leasehold Valuations will guide you and advise you of your best options Feel free to call us at 01753 542984 for a free 10-minute consultation.

Beware the Traps of Leasehold Property Ownership

Over the last several years, there has been an increase in demand for affordable housing in the United Kingdom. As a result, some builders are building residences for purchasers on a reduced budget.

This is clearly excellent news, but it may come at a cost.

Keep an Eye on Things:

It's nothing new to sell a house as a leasehold, and it's not always a negative thing. It all depends on the leasing conditions.

Some property businesses, on the other hand, have sold leaseholds to other property companies. These businesses, according to The Guardian, have offered to sell the homeowners the freehold rights to their house for a premium sum. If the owner refuses, they can keep paying the ground rent, which increases every 10 years.

The lease on a new-build leasehold property is typically 999 years long, with a ground rent of roughly £295 each year.

Our lease extension experts can guide you through with efficiency.

Make sure you Receive Legal Guidance before Extending your Lease:

When a leaseholder is uninformed of their statutory entitlement to an extended lease, they may be forced to accept a terrible bargain from their landlord. The Landlord might give a lease period that is shorter than the statutory term, require the leaseholder to pay a higher ground rent that is often changed, or simply demand a payment that is substantially greater than what is could be if the leaseholder had proper professional advice.

In Fact:

As a result, some homeowners might find themselves between a rock and a hard place. They may either pay the escalating ground rent payments or a higher price for the freehold.
When one buyer acquired a leasehold house, they were informed they could buy the freehold for £2000 to £3000, according to Guardian Money. However, they were informed a few years later that the leasehold had been transferred to a new property business, which then requested £40,000 to purchase the freehold.

In conclusion:

When purchasing a home, read the fine print on all of your contracts with the seller. If you're buying a leasehold property, make sure you understand the contract's provisions and question your lawyer about the lease's long-term cost, the option of purchasing the freehold (and how much it would cost), and if your leasehold might be transferred to a third party.

For further questions related to lease extensions and property, contact one of our experienced chartered surveyors at Leasehold Valuations.

5 Critical Mistakes to Avoid for Successful Leasehold Enfranchisement

According to official UK Government figures, there are over 4 million residential leasehold properties in the UK.

Almost all of them are eligible for the legal right to acquire their Freehold under Collective Enfranchisement rules. Many apartment owners are becoming aware of the various benefits of owning their freehold rather than a lease. So, why do so many Collective Enfranchisement initiatives fail to get off the ground or collapse when they do?

Our lease extension experts can guide you through with efficiency.

Here are the top five mistakes we notice the most and how to avoid them.

Mistake #1: Failing to recognize the advantages of owning a freehold.

  • “We already have long leases in place.”
  • “We have managerial authority.”
  • “Our flats will be worthless if we control the freehold.”

In various respects, freehold ownership differs from leasehold ownership, and each transaction is unique. Apart from acquiring a 999 (perpetual) lease and eliminating ever-increasing ground rent expenses, being master of your destiny has other direct and indirect advantages. When you are not restricted by a freeholder, you may manage small and significant improvements on your timetable, improve the building as you see fit, and save money on everything from contractors to insurance. The time you save by not engaging with and occasionally arguing with a Freeholder will be better spent on your own life. Leaseholders who own a portion of the freehold benefit from increased resale and rental prices. In a nutshell, leaseholders who have grouped together get along nicely. It’s what many people refer to as a “no-brainer.”

Mistake #2: Overestimation of the obstacles

  • “We will never be able to recruit the needed 50%.”
  • “It will be too expensive and take too long.”

All collective enfranchisement demands, large and small, face comparable early hurdles, but erroneous assumptions are by far the most serious. Instead of presuming that the 50% qualifying tenant criteria will not be met, recognize that they will be appreciative of the chance and actively recruit leaseholders with the objective of achieving as near to 100% as feasible. Rather than presuming that the expense would be too high or that it will take too long, go through a process of calculating both before determining whether or not to proceed at each level. Take the proper moves at the appropriate moment, and you’ll avoid problems you weren’t even aware of.

Mistake #3: Underestimating the expense or the amount of organization necessary

  • “It’s similar to extending my lease; there’s not much to do.”
  • “Our lawyer will organize everything.”
  • “We have a cost estimate from our counsel, and we will stick to our budget.”

Oversimplification of the procedure is another important reason why many collective enfranchisement requests stall or fail. There are some parallels between extending your lease and acquiring a portion of freehold. Both are legal rights with legislative procedures. The parallels, however, end there since Collective Enfranchisement has other elements to examine. You are only as powerful as the weakest connection when dealing with several signatories. You are acquiring a full facility, including land and airspace, as well as potential development sites. There are several costs you should be aware of right away (such as the Freeholder’s fair professional fees, SDLT, and company creation, maintenance, and accounting) that no one informs you about. Solicitors will oversee the legal procedure but not the project. Organizing your group correctly will result in great success; neglecting to manage the project from the start will raise expenses and hazards.

Mistake #4: Avoiding a Participation Agreement

  • “A Participation Agreement is great to have, but we can save time and money without one.”

A Participation Agreement is a legal instrument that establishes the framework for leaseholders to collaborate in order to achieve specific aims. Good quality PAs need skilled writing and signature by each individual or firm who is a leaseholder for each apartment. As a result, it is true that omitting this step can save some money and time. However, if and when any of your participants disagree, the expense of addressing and resolving the issues will usually far surpass the cost of the Participation Agreement. Preparing for arguments is the greatest way to avoid them. A Participation Agreement is a very useful instrument.

Mistake #5: Using the cheapest solicitor or surveyor

  • “Expensive solicitors and surveyors will just demand a high hourly rate.”

When it comes to training experts, obtaining the perfect match for your facility is critical. A freehold purchase is a substantial investment, and with higher benefits come more dangers. On a per-hour basis, hiring a highly specialized and skilled solicitor and surveyor may be more expensive. However, if their knowledge and skill prevent even small hiccups, they will have shown their worth many times over. Going a little cheaper might frequently turn out to be far too pricey in the long run. Find the best fit.

For further questions related to lease extensions and property, contact one of our experienced chartered surveyors at Leasehold Valuations.

The Ultimate Guide to Issuing a Section 20 Notice: Everything You Need to Know

When landlords or freehold owners desire to carry out qualifying works on their freehold property, legislation must be adhered to ensure that the work is done legally and with the proper notification to the leaseholders.

The piece of legislation is known as a Section 20 notice, but it might be difficult to know where to begin for individuals who have never issued legislation or collected financial payments from leaseholders before.

For further questions related to Lease extensions and property, contact one of our experienced chartered surveyors at Leasehold Valuations.

What is a Section 20 Notice?

A Section 20 Notice is a document that must be issued to all leaseholders within a building when qualifying works are performed on a residential freehold property. Works may involve things like block structure maintenance or other major works, such as roofing repairs.

However, for Section 20 Notices to be served on a leaseholder, they must contribute more than £250. As a result, this type of maintenance or repair work is designated as “major works” and must follow the Section 20 Consultation procedure.

The Landlord and Tenant Act of 1985 (as amended by the Commonhold and Leasehold Reform Act of 2002) requires a formal Section 20 Consultation. The procedure is divided into three stages, each with its own unique Section 20 Notice to leaseholders:

  • The pre-tender stage is where contractors are invited to bid on the project (i.e to give an estimated cost)
  • The Tender stage is when the landlord, RTM (Right to Manage) group, or Freehold Company receives the tenders (or estimates).
  • The contract for the works is awarded to the successful tenderer at the award of contract stage.

The Section 20 Consultation procedure’s goal is to provide leaseholders the ability to choose how their funds are used. To some extent, it does – if the landlord chooses a quote that is not the cheapest, they must justify their decision. However, for financial advantage, the procedure might be biased in favour of the landlord.

What should a Section 20 Notice contain?

A Section 20 notice must be served on each leaseholder as well as the RTA (Registered Tenants Association) if one exists at the freehold building. Because there are three distinct stages, Section 20 notices must alter to reflect the evolution of the procedure at each level.

The Section 20 Notice should include the following information during the pre-tender stage:

  • A general description of the intended works to be performed or identify an acceptable time and location where the works can be examined.
  • Justifications for why the work must be completed
  • A statement that emphasizes the overall amount of expected expenditure that the works are likely to entail.
  • A request for leaseholders to submit written comments on either the proposed works or the estimated expenditure.
  • Information describing where written leaseholder observations can be sent and when they must be filed.
  • Give a specific date when the consultation period for the proposed works will expire (this should be around 30 days after issuing the Notice)
  • Copies of the papers mentioned in the notice

During the tender stage, the Section 20 notice must include all of the foregoing, as well as the following:

  • The chosen contractor’s name and address
  • An explanation (if applicable) of the contractor’s relationship with the freeholder
  • A final anticipated cost, as well as any other relevant cost information, should be included if possible.
  • Details of any mechanisms (if any) for changing the terms of the agreement
  • An explanation of how long the agreement will last. A summary of any comments received about the initial notice of intent and the response to those comments

In the final stage, a proposal notice is sent, which must include:

  • Copies of at least two proposals, or a time and location where the proposals can be viewed
  • Invitations to submit written opinions on the proposals
  • A provided address to which written comments should be sent
  • A definite date for the end of the consultation session, as well as a reminder that responses must be received before this 30-day deadline.

Does Section 20 apply to shares of freehold owners?

Section 20 makes no distinction between landlords, freeholders, Right to Manage Companies, Resident’s Management Companies, or any other management firm with freehold duty. According to the law, all of the aforementioned are referred to as “landlords.”
If you own the freehold of a property and wish to work on, maintain, or improve it, you must follow Section 20 legislation. This implies that if you request more than £250 in funding for the works from any of your leaseholders, or if the works are expected to cost more than £100 per year, you must also follow strict Section 20 requirements.
You will be limited to a total of £250 for one-time projects or £100 per year for long-term maintenance if you do not follow Section 20 procedure in its entirety, including its time frame. This is true even if the leaseholders requested the work.
A professional managing agent will be able to manage a Section 20 process for you.

What is the Section 20 procedure for landlords?

1. Issue a Notice of Intention to Carry Out Works – The first step in starting Section 20 proceedings is to submit a Notice of Intention to Carry Out Works, which details your proposed works or maintenance contracts and why they are required. Whether or not the leaseholders propose the work, this notice must be provided.

Leaseholders have 30 days after receiving the Notice of Intention to Carry Out Works to provide comments or recommendations. Leaseholders may also nominate contractors for the job, which must all be taken into account throughout the tender process.

You can only decline to consider a leaseholder's choice for a contractor if the contractor is unqualified or unsuitable for the job, such as if they lack liability insurance.

2. Provide a Statement of Estimates – If a contract for the work has been agreed upon, you must present leaseholders with a Statement of Estimates, which is an estimate of the cost and duration of the planned works.

Estimates are gathered through a tender process that includes at least two contractors: one chosen by you (the landlord) and another chosen by one or more leaseholders.

Your leaseholders have 30 days after the tendering process to respond to the estimates and a legal right to see any bids offered by preferred contractors that you did not include in your Statement of Estimates.

3. Start the work by issuing a Notice of Reasons – Step three can go one of two ways, depending on who you choose to complete the work. You may accept and proceed with the project if you choose the contractor who submitted the lowest quote or one recommended by your leaseholders. At this time, the Section 20 procedure will be finished, allowing you to receive the money from your leaseholders.

However, if you did not choose the contractor with the lowest bid or one chosen by the lessees, you must provide leaseholders with a Notice of Reasons explaining your choice within 21 days of signing the contract.

If the leaseholders do not object to your reasoning, the Section 20 procedure will be completed. If the leaseholders object, they can submit an objection with the First-tier Tribunal, where they can dispute their duty for payment as well as the reasonableness of the service costs.

Leasehold Valuation specializes in leasehold valuations, lease extensions, and enfranchisement. Have a quick 10-minute free consultation with one of our RICS experts.

Taking Action When Your Landlord Decides to Sell the Freehold: A Guide for Tenants

You recently got a letter in the mail from your landlord stating that he is serving a Section 5 Notice and plans to sell the freehold of your building, making you an offer. You know deep down that you should investigate your choices, but where do you begin, and what exactly is section 5?

Don’t worry: we’ve got the answers and next steps you need.

For more queries related to the length of the remaining lease and how much any lease extension may cost, have a lease extension valuation valuation undertaken by an expert lease extension valuer.

What is a section 5 notice?

A Section 5 Notice is issued to eligible tenants (also known as building or property leaseholders) informing them that the landlord intends to sell the property’s freehold.

The Landlord and Tenant Act of 1987 imposes a legal requirement known as the Right of First Refusal, which requires landlords to deliver the notice to leaseholders before selling the freehold interest on the market. Failure to comply is a criminal offense.

Section 5 notices (5a, 5b, 5c, 5d) are used in a variety of situations, including when the freeholder wants to sell the freehold at an auction. However, the procedure is similar for both.

Leaseholders presented with a section 5 notice must first determine how long they have to accept, but leaseholders should be allowed at least two months to make a decision. If they are satisfied with both the price and the terms of the acquisition, they must go via a formal procedure, beginning with serving an acceptance notice on the freeholder, which must be provided by a majority of the eligible tenants.

What does a right of first refusal mean for tenants?

The first step is to recognize that this is a once-in-a-lifetime opportunity.

The Freeholder is selling their estate either to an unknown buyer, such as a developer or at an auction.

According to UK law, as a leaseholder, you have the right of first refusal and can purchase your freehold if you so desire.

Challenges

It is not easy to exercise your right. You must do the following:

  • Determine who will lead the process.
  • Collaborate with at least 50% of the apartment owners in your building.
  • Determine the financial viability of purchasing the freehold at the offered price.
  • Determine the finance arrangement.
  • Nominate or form a purchaser (typically a limited company) before accepting the offer in the proper legal form.

And you only have two months or fewer to complete all of this.

You must then collect the funds and complete the transaction.

Does that seem intimidating? Don’t give up!

Unlike a Collective Enfranchisement claim, you do not need to bargain over the price with this take-it-or-leave-it offer.

It is critical to be well-organized and cohesive.

Specific aspects of the procedure can be assisted by experts.

  • Engage a trained surveyor to evaluate the freehold’s market worth. If the offer price is less than market value, you can focus your efforts on convincing leaseholders to accept it.
  • There are numerous excellent solicitors available to handle the necessary legal and conveyancing procedures. Look for someone with suitable experience.

Alternatively, you can hire an expert to mentor you and manage the entire process from start to finish, generally at a reduced cost.

Profit from the advantages that come with owning a freehold, such as:. Modernize your leases, optimize building management, and prioritize those works, repairs, and improvements. All of this will add genuine value to your flats and free up your time to focus on what matters most – your life.

Leasehold Valuation specializes in leasehold valuations, lease extensions, enfranchisement. Have a quick 10-minute free consultation with one of our RICS experts.

Unveiling Three Hidden Problems With Share Of Freehold: What Homeowners Should Know

A flat or apartment leaseholder can also own a share of the freehold of their entire building, in addition to a lease on their individual flat. This is referred to as a share of freehold.

Because buying the freehold of a flat is not possible on an individual basis, flat or apartment leaseholders instead have the option to own a share of the building’s freehold by joining the collective group that wants to take over the freehold of the property. This process is known as collective enfranchisement. A collective enfranchisement occurs when a group of leaseholders band together to take control of the freehold of their building.

If you are looking for a lease extension in the UK, contact us for assistance. Our team of chartered surveyors can help you successfully negotiate your lease extensions or enfranchisement. Give us a call for a consultation today

A new leaseholder who buys a unit with a share of freehold becomes a shareholder in
the company that owns the freehold of the building. They control the freehold and the
management of the building. The apartments and flats in the building are still leaseholds, but as
members of the freehold company, they have a vote in how the building is
managed, can instruct contractors, can prioritize work, and manage
their service charges. Their leases are typically extended for
999 years.

What are the Responsibilities of a Freehold Shareholder?

The collective freehold shareholders, or freehold owners, are responsible for the
building and its land’s maintenance. This involves obligations such as ensuring that lifts, stairways, and halls comply with health and safety laws, instructing on repairs, and staying up to date on ever-changing property legislation. They have control over the money, what work is done, and how it is prioritized. Many buildings (or collectives) hire a managing agent to handle this for them.

What is a Managing Agent?

A managing agent's tasks include tendering contracts for work to be done, collecting service charges, coordinating payments for any work done on the building, and developing budgets for anticipated building work.

What are the Benefits of Buying a Freehold?

You may be considering forming a collective with the other leaseholders in your block. Though it may appear to be a daunting process, it is not, and there are numerous advantages to purchasing your freehold outright, including:

● Increasing the value of your home
● Complete control over the building’s maintenance.
● Taking complete control of the management
● The ability to obtain more extensive or affordable insurance policies
● Though a freehold purchase will provide some or all of these benefits, owning a part of a freehold has some drawbacks.

Key Problems with Buying a Share of Freehold

1) Shared Management – Purchasing a freehold share is not the same as purchasing a freehold dwelling. When you buy a freehold residence, you have ultimate authority over everything that happens to your property. You get to make all decisions about what gets done and what doesn't. When you just own a portion of a freehold, decisions are taken jointly with the other freehold owners.

This means that your co-owners (shareholders) may be able to make decisions that impact your property. However, if you did not own a share of the freehold, you would be in a worse position because you would have little/no say in these decisions.

This small issues with owning a freehold share, but they are not insurmountable. Whilst all freehold shareholders may not agree on everything, at least they all have a say. Because of the complexities of this and other issues, we recommend seeking professional advice before purchasing a freehold.

2) Lack of Expertise – It is critical that all freeholders have a good awareness of Landlord and Tenant rules, or have selected a representative who does, to guarantee the building maintenance and upkeep responsibilities, as well as health and safety legislation, are met. A lack of knowledge in these areas may result in building deterioration, as well as disgruntled or vulnerable individuals living in potentially hazardous surroundings. Failure to comply with legislation may also result in criminal prosecution, as well as penalties or even jail, which is why we always recommend that you obtain professional advice before purchasing a share of the freehold.

3) Cost of purchasing the freehold – It can sometimes be very expensive to purchase the freehold. This is because the freehold will include any flats which are owned by the current freeholder, porter flats (or other staff flats), storage cupboards, land, car park etc. Therefore, the cost can quite easily become prohibitive.

Buying the freehold of your property could be very beneficial. However, the process involved in purchasing your freehold is complex and confusing. Leasehold Valuations will guide you and advise you of your best options Feel free to call us at 01753 542984 for a free 10-minute consultation.

Difference Between Tenancy Agreements and Short-Term Rental Agreements

Introduction

As a landlord, it’s essential to understand the distinction between tenancy agreements and short-term rental agreements, as they serve different purposes and offer unique benefits. In this article, we’ll explore the definitions, pros, and cons of each type of contract to help you make informed decisions when renting out your property.

What is a Tenancy Agreement?

A tenancy agreement is a legally binding contract between a landlord and a tenant, granting the tenant the right to occupy a rental property for a predetermined period, usually six or twelve months. This agreement provides stability and security for both parties, outlining their responsibilities, such as rent, pet policies, and lease duration. Once signed, the terms of a tenancy agreement cannot be changed without the written consent of both parties.

Pros of a Tenancy Agreement:

Stability and Consistency:

A fixed-term lease provides stability for both the landlord and the tenant, ensuring a predictable rental income for the landlord and a secure living arrangement for the tenant.

Legal Protection:

A well-drafted tenancy agreement clearly defines the rights and responsibilities of both parties, reducing the likelihood of disputes and misunderstandings.

Cons of a Tenancy Agreement:

Missed Revenue Opportunities:

In rapidly developing areas with rising property prices, fixed rent might lead to missed income from potential market increases.

Tips for Landlords:

Offer lease renewals: To maintain a long-term relationship with reliable tenants, consider offering lease renewals with updated terms and conditions. for Lease renewal visit reliable rics chartered leasehold Surveyors expert in real estate legal terms.

What is a Short-Term Rental Agreement?

Offer lease renewals: To maintain a long-term relationship with reliable tenants, consider offering lease renewals with updated terms and conditions. for Lease renewal visit reliable rics chartered leasehold Surveyors expert in real estate legal terms.

Pros of a Short-Term Rental Agreement:

Flexibility:

Short-term agreements are suitable for tenants who require temporary housing, such as travelers, students, or those in transitional periods.

Rent Adjustments:

Landlords have the flexibility to adjust rent according to market conditions.

Cons of a Short-Term Rental Agreement:

Tenant Turnover:

Frequent tenant turnover may lead to additional expenses for advertising, screening, and cleaning.

Uncertainty:

Some tenants might be hesitant about indefinite rental terms and frequent rent increases.

Conclusion on Tenancy Agreements:

Tenancy agreements are suitable for landlords seeking stability and steady income. However, they might miss out on potential revenue in areas with rapidly rising property values.

Conclusion on Short-Term Rental Agreements:

Short-term rental agreements offer flexibility and rent adjustment opportunities. They are particularly beneficial in areas with high tenant turnover.

Quick Tip

Calculate Initial Leasehold Extention Cost with Our FREE Online LEASEHOLD EXTENSION CALCULATOR

Final Conclusion:

Before offering any rental agreement, it’s crucial to understand your tenant’s needs and preferences. Whether you choose a tenancy agreement or a short-term rental agreement, prioritize clear communication and a well-drafted contract to protect both parties’ interests.
For professional assistance in evaluating your property’s value and finding the right rental agreement, consider consulting an experienced real estate valuer. They can conduct a physical inspection of the property, analyze the local area, and provide valuable insights to ensure a successful rental experience.

Leasehold Ownership Unveiled: Crucial Considerations for Prospective Buyers

Many questions may arise while purchasing a leasehold property. The questions that occur most frequently relate to the length of the lease and the service charges applied to buyers wanting to purchase leasehold property.

Our experienced chartered surveyor gives his advice on the six top leasehold issues.

What is Leasehold Ownership?

Leasehold ownership is the right to hold a residential property for a specified period. Leasehold ownership is based on lease terms but also has associated property rights. It has similar rights as a freeholder has but only for the specified length of the lease.

Residential Lease – Why is it Important

The residential lease is an agreement between the leaseholder and the landlord to establish the rights of both parties. The lease agreement defines the rules or obligations as to the use of the property, also how the landlord and leaseholder should deal with each other and any other leaseholders. In addition, it defines the landlord’s obligations relating to such issues as repairs, service charges, maintenance, and management of the property. Any leasehold agreement is crucial, and the leaseholder must understand the obligations, of both parties, that it contains.

The lease wording is usually in legal or technical vocabulary and will vary from property to property. Leaseholders who find it difficult to comprehend their lease should obtain advice from a surveyor and insist they deliver a report on its terms when required to negotiate with the buyer.

Any potential buyer must establish responsibility for key issues, including the landlord’s obligations for managing and maintaining the structure, exterior, and common areas of the property, what the leaseholder’s duties will be with regards to rent and service costs, and whether there are any unusual or onerous covenants relating to the leaseholder’s use of the property.

Things to know before Buying a Leasehold Flat

Leasehold flats may be in purpose-built blocks, converted houses, or attached to retail or commercial premises. Usually, the structural part of the building and the land will stay in the landlord’s ownership. The lease agreement will cover all the spaces and facilities within the four walls of the flat, including walls, floors, and ceiling, but will not normally include any external areas. The landlord is generally responsible for the maintenance and repair of the building. Additionally, it is the landlord’s responsibility to maintain common areas and the flat’s structure and services.

The property owner can be an individual, a local authority, or a company. It is also possible that the landlord is a resident management company. In some cases, leaseholders of a block of flats can apply to extend the term of their lease or can buy the freehold from the landlord.

Remaining Lease Length

The term remaining on the leasehold is crucial. Firstly, if the lease term drops below 80 years, the cost to extend the lease increases as an additional marriage value is added. “Marriage value” is the increase in the value of the property with a long lease as opposed to a short lease. Hence the value of the property will increase on the completion of the lease extension, meaning the cost of the lease extension increases once the lease length drops below the 80-year threshold.

For more queries related to the length of the remaining lease and how much any lease extension may cost, have a lease extension valuation undertaken by an expert lease extension valuer.

Another issue to consider is that the property’s value drops each year once or reaches less than 80 years. Therefore, you must apply for a lease extension or buy the freehold in order to maximize the value of your property.

What does the service charge cover?

Generally, a service charge is a charge for the leaseholder to cover the costs of any services that landlords provide, such as cleaning the common parts, repairing the roof, gardening, etc. For some leases, the service charge would be a fixed sum that will be payable on a regular basis. Leaseholders can ask for a breakdown of the service charges and also have the right to apply to the First-tier Tribunal for any unreasonable charges in England. During the process of buying a leasehold flat, the buyer should check the details for any existing and future service charges and should also check for any forthcoming work which might affect the service charge after the purchase.

Buying a Leasehold Flat, Is Worth It?

Historically, in the UK, flats have been sold on a leasehold basis. Some leasehold flats are now sold with a share of the freehold. Buying a leasehold flat should only be done once you are familiar with the legal rights and duties related to buying a leasehold property. You should consult a chartered surveyor and get appropriate professional advice regarding any property before you consider buying.

How To Negotiate a New Rent Rise | Trick Revealed

So, you’ve finally found a place you’re comfortable with. The neighborhood is good, no leaking pipes and no creepy noise are coming from the walls at night, and just when you thought it couldn’t get any better than this, it’s already that time of the year when the landlord wants to raise the rent, potentially threatening your idea of settling down for a bit. Now that will make you think about how to negotiate the next rent rise so you can still retain your property while spending less on rent each month.

But don’t worry. Not everything has to be sad and gloomy as long as you can still try negotiating your terms with the landlord. It’s possible to reach a mutual agreement and negotiate a win-win situation for both parties, so nobody is left unsatisfied. In reality, it works like any other negotiation – you just have to find a way that makes both you and your landlord happy.

Once you begin to consider what both parties have to win or lose, it becomes a much simpler process. Of course, you want to pay less but to avoid moving out and looking for another property. At the same time, the landlord wants more money but to avoid looking for a new tenant. With that in mind, you can present an offer that suits both of you and settle on a reasonable rent amount.

If you don’t know how much to offer for a property like yours, there are two ways you can find that out, which we will discuss further. Try these methods that can help you with your negotiation. 

When do you negotiate?

There are two ways you can approach this.

  • You could speak to a local estate agent and see what similar properties in the area are letting for and also find out what their fees will be for finding a new tenant for the landlord. Divide the agent’s fees by 12 and then ask the landlord if they would reduce the current market rent by this divided amount as he will not have to pay the agent’s fees if he retains you as a tenant.
  • You could look on websites like Rightmove and Zoopla and see what similar properties are letting for and offer this amount to the landlord.

At this point, they would either agree to your terms or present you with their own offer, which you can compare with your valuation of the property.

RICS Valuation

Open up a dialogue as soon as you can

It is a good idea to establish direct contact with the landlord and work out a deal that works for both of you. Start discussing your terms early on because the earlier you begin a conversation, the more time you have to convince the landlord in your favor. Get in touch with them directly and try something like, “I would love to continue staying in the apartment, but the increase in the rent is a bit outside of my budget at the moment. Can we discuss this and find something that makes us both happy?” This can open up your opportunity to discuss your terms with the landlord.

Establishing contact with the landlord before you start to look for another property will open up a discussion and will give the landlord an idea of the kind of rent that you have in mind. Depending on their response, you can judge whether they are willing to bend or not. This can help you further down the line when finalizing the deal.

So, consider your budget, what exactly you can afford, and how far you’re willing to go to turn the deal in your favor.

The surveyor will undertake a physical inspection of the house. Before the physical inspection’s they investigate the location and analyze the local area to see if anything night influences the value. After this, they may check any documents regarding the lease extensions or any shared ownership details if necessary. They may also make inquiries with local selling agents before they arrive at their valuation.

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