Whether you already own a leasehold property or you’re considering buying one, it’s vital you understand what happens when a leasehold expires. We look at what you need to do to avoid this happening and the steps to take now.
When you buy a property it will be leasehold or freehold. If you are buying a leasehold property, you own the property, not the land, and only for the length of your lease agreement with the freeholder. Leases can be up to 999 years long or short, with 80 years or less.
The lease owner is known as the freeholder and your lease will outline the terms regarding the property, including the length of the lease, any ground rent and leasehold charges due, and any restrictions or conditions on the use of the property.
By comparison, if you buy a freehold property you own the building and the land it stands on indefinitely.
See our guide for more detailed advice if you are considering buying a leasehold property.
When a lease on a leasehold property expires, all legal rights in the property revert to the freeholder. There are different potential outcomes in terms of what happens when a leasehold expires:
However, in reality, most leases don’t expire because they are extended well before the lease runs out. But this doesn’t happen automatically. So it’s important to find out how long is left on your lease and take action, if required.
Get expert advice on extending your lease, buying your freehold or applying for the right to manage.
If you already own the property, check your lease to see how much time is left on it, or contact the freeholder. You can also request this information from the Land Registry for a fee.
If you’re buying a leasehold property, you can ask the estate agent how long is left on the lease but don’t take their word for it as they could be wrong. Instead, key information about the lease including its length should be supplied in the Leasehold Property Enquiries (LPE1) which your conveyancing solicitor will request from the company or person that administers the terms of the lease and manages the maintenance of the shared parts of the property.
A good remaining lease length is 99 years or longer if you’re buying a leasehold property. However, while a lease of over 80 years is considered a long lease, many mortgage lenders won’t lend on properties if the lease is less than 80 years. And under the current rules, the cost of extending a lease that’s under 80 years can increase substantially due to marriage value – read on for more on this.
When considering what happens when a leasehold expires, it’s important to note the Leasehold and Freehold Reform Act became law in 2024 but it hasn’t come fully into effect yet.
Once it is fully in effect, the Act will strengthen existing consumer rights and introduce new ones for leaseholders including by:
But while the Leasehold and Freehold Reform Act commits to making leasehold extensions cheaper and easier there is work to be done to make this a reality. For more details including what else is included in the Act see our guide Leasehold reform: What you need to know
You’ll want to avoid a leasehold expiry. But with the Leasehold and Freehold Reform Act set to make it in most cases easier and cheaper to extend your lease or buy the freehold, you may be deliberating what to do and when.
What you might choose to do will depend on factors like your lease length and your circumstances. For example:
However, everyone’s personal circumstances are different. So getting expert leasehold advice is recommended.
The cost of extending a lease depends on:
The lease extension valuation is a complex calculation, but also a subjective one which means it is open to negotiation – or decision by a tribunal.
To get an idea instantly of how much it may cost to extend a lease under the current system use our Leasehold extension calculator. However, to get a more accurate figure, get a free initial consultation and estimate from our leasehold specialist partners.
Get expert advice on extending your lease, buying your freehold or applying for the right to manage.
As the lease gets shorter, the property’s value decreases and may be harder to sell. Many lenders won’t lend on flats with a lease already below the 80-year mark. And even if you can get a mortgage to buy now you might not be able to remortgage to a good rate in the future without extending the lease. Future buyers may struggle to get a mortgage too.
Also, under the current rules, if the lease is under 80 years, you’ll also have to pay 50% of the marriage value of the property. The marriage value is the amount of extra value which will be added to the property as a result of extending the lease. Although this won’t be an issue once the relevant part of the Act is in force and marriage value is abolished.
Find more information on this in our guide getting a mortgage on a leasehold property.
If you want to extend the leasehold and not wait for any potential leasehold reforms, there are 6 steps to follow:
Find more information in Lease extension process: A step-by-step guide.
No, a lease can only be changed with the agreement of both the freeholder and leaseholder or in some cases the terms of the lease can be changed in an application to the court or tribunal.
Under the 20-year lease rule, if a lease has less than 80 years remaining on it when it’s first granted, and the term of the lease is for more than 21 years, the leaseholder has the right to extend the lease for an extra 90 years, at a cost.
However, the 20 year lease rule doesn’t apply to properties such as some rent-controlled flats and flats in National Trust properties.
A 999-year lease is a type of long lease that grants the leaseholder the right to occupy the property for 999 years.
While leasehold reform aims to make buying the freehold easier, you can still do it under the current system providing you meet certain requirements. Find out more in our guide Should I buy the freehold?
Our lease extension specialist partners can provide a free estimate and advice you can rely on.
The decision to buy any property is often out of your hands as most flats are sold leasehold. But before buying a leasehold property you should consider a number of issues including:
Find out more in our guide on Buying a leasehold property.
If a property has less than 80 years left before its lease expires it is known as a short lease. At this point the value of your property will usually fall and you’ll find it’s more expensive to extend the lease under the current system.
With leasehold properties, you own the property, not the land, and only for the length of your lease agreement with the freeholder. With freehold, you own the building and the land it stands on indefinitely. Find more information in our guide Leasehold vs freehold: What’s the difference?
Forfeiture means the lease can be terminated and the property revert to the freeholder, this could happen if the leaseholder breaches the terms of the lease, such as by failing to maintain their flat or by not paying ground rent.
However, there are legal restrictions on forfeiture and if you find yourself in this situation you should seek legal advice. According to the Leasehold Advisory Service, if an alleged breach is not admitted or agreed by the leaseholder the landlord will have to apply to the First-tier Tribunal or a court for a determination of the breach before they can start any forfeiture action.
If you don’t renew your lease and it expires, as we explain above, all legal rights to the property revert to the freeholder.
Just like with any lease, when a 99 year lease expires, all legal rights in the property revert to the freeholder. Your leasehold can expire even if you’ve paid off your mortgage in full on a leasehold property.
However, in reality, leaseholds rarely expire because most are extended well before the lease ends.
Most flats are leasehold but not all. Some flats will have a share of the freehold.
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