Leasehold vs Freehold: Key Differences Explained

Understanding the difference between leasehold and freehold is essential when buying a property in the UK. The type of ownership affects your rights, responsibilities and costs. In simple terms, leasehold vs freehold refers to two different ways of owning property. With freehold, you own the property and the land it stands on indefinitely. With leasehold, you own the property for a fixed period but not the land. Here’s what you need to know...

leasehold vs freehold: The difference explained

KEY INFORMATION

Leasehold vs freehold: key points at a glance

FreeholdLeasehold
OwnershipYou own the property and the land it’s built onYou own the property for a fixed period but not the land
Length of ownershipIndefinite – ownership lasts foreverFixed lease term, often 90, 125 or up to 999 years
Typical property typeHousesFlats
Maintenance responsibilityYou are responsible for maintaining the propertyFreeholder manages maintenance. Leaseholders pay for it via service charge
Control over propertyFull controlRestrictions set out in lease

Key takeaway: The main difference between leasehold and freehold is that freehold means owning the property and land indefinitely, while leasehold means owning the property for a fixed number of years under a lease agreement with a freeholder.

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Leasehold vs freehold explained

There are two main types of property ownership in England and Wales: freehold and leasehold. The way a property is legally owned is known as “tenure”.

Understanding leasehold vs freehold in the UK helps you know exactly what you’re buying and what responsibilities come with it.

  • Freehold ownership means you own the building and the land it stands on permanently. There is no lease term and no landlord.
  • Leasehold ownership means you own the right to live in the property for a fixed period under a lease agreement with a freeholder (sometimes called a landlord). The freeholder retains ownership of the land.

This matters because the tenure of a property affects:

  • Your legal rights
  • Your ongoing costs
  • Your level of control
  • Your responsibilities for repairs and maintenance
  • How attractive the property may be to future buyers and mortgage lenders

In general, houses are usually freehold and flats are usually leasehold, although there are exceptions.

What is a freehold property?

Owning a freehold property means that you own the building and the land it stands on outright and indefinitely.

In other words, freehold ownership has no time limit. Once you buy the property, it belongs to you until you sell it.

Freehold is the most common form of ownership of houses in the UK and is the most straightforward type of property ownership. However, there are some leasehold houses, jump to more on this. So check the tenure of your property before you buy.

If you own a freehold property:

  • You are responsible for maintaining the property and land
  • You do not pay ground rent
  • There is no landlord or freeholder to answer to
  • You have full control over the property, subject to normal planning rules

What is a leasehold property?

A leasehold property means you own the property for a fixed period of time but do not own the land it sits on.

Instead, you have a legal agreement called a lease with the freeholder, which sets out how long you own the property for and the rules you must follow.

Lease terms are usually long, commonly between 90 and 125 years, although some leases can be as long as 999 years. However, some leases are much shorter, read on for why the length of lease is important.

Leasehold properties are most commonly flats; if you’re looking to buy a flat in England and Wales then it is 9 times out of 10 likely to be sold as a leasehold.

If you buy a leasehold property:

  • The freeholder, or their managing agent, usually manages the building
  • You will normally pay service charges for maintenance
  • You may be required to pay ground rent, depending on the lease
  • The lease will include rules about what you can and cannot do with the property

When the lease expires, the property goes back to the freeholder. However, you can usually avoid this by extending the lease.

Is leasehold or freehold better?

In most cases, freehold is the preferred option.

That is because freehold ownership gives you indefinite ownership, more control and fewer ongoing complications. You do not have to worry about a lease running down, paying leasehold charges or dealing with a freeholder.

However, that does not mean leasehold is always a bad choice. Many people happily own leasehold flats, and if you want to buy a flat, you’ll find the vast majority are leasehold.

The key question is not simply whether a property is leasehold or freehold, but whether the leasehold terms are reasonable. A well-run leasehold flat with a long lease and reasonable charges may still be a good purchase.

Share of freehold meaning

Another ownership structure you may come across when researching leasehold vs freehold is share of freehold.

Share of freehold means you own your flat on a leasehold basis, but also jointly own the freehold of the building and the land it stands on.

Having a share of freehold can give residents greater control over how the building is managed and can make lease extensions easier.

However, owning a share of the freehold also means that the leaseholders must work together to manage the building, which can sometimes lead to disagreements if owners have different priorities. Read more in Share of freehold explained

Looking for a solicitor to do the legal work for your leasehold flat purchase? Get instant quotes from regulated and reviewed conveyancing solicitors that cover your area.

Pros & cons of leasehold vs freehold

Pros of buying a freehold property

  • Your ownership is indefinite, with no time limit.
  • You don’t need to pay leasehold charges like service charge or ground rent (Jump to more on these)
  • There’s no freeholder to deal with
  • There’s no risk of a freeholder failing to maintain the building
  • You have full control over what you do with your home

For many buyers, these are the reasons why freehold is generally preferred.

Disadvantages of buying a leasehold property

The disadvantages of buying leasehold property can include:

Is leasehold bad?

Buying a leasehold property has drawbacks, but that does not automatically mean leasehold is a bad option.

Leasehold properties are common, with 19% of English housing stock consisting of leasehold properties, according to government data. And many people own and live happily in leasehold flats.

As with most things, the devil is in the detail.

A leasehold property becomes more risky when:

  • The lease is short
  • Service charges are high or unpredictable
  • The lease contains restrictive terms
  • There are disputes with the freeholder or managing agent

So if you want to buy a property, and it’s leasehold, the real issue is whether it is a good leasehold. This is why it’s important to choose a conveyancer who is experienced in leasehold properties.

Looking for a solicitor to do the legal work for your leasehold flat purchase? Get instant quotes from regulated and reviewed conveyancing solicitors that cover your area.

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Why is the lease length important?

When you buy a freehold property, you’ll own it in perpetuity. But this isn’t the case with leasehold properties, which is why lease length is so important.

If a lease has too few years left, it can affect:

  • Mortgage availability
  • Resale value
  • Cost of extending a lease
  • How attractive it is to future buyers

As a rule of thumb, once a lease falls below 85 years, mortgage options may be more limited.

Once a lease drops below 80 years, it’s considered a short lease. Under current rules, the lease extension process suddenly gets more expensive due to ‘marriage value’. This is because, at this point, when you extend your lease, you must pay half of the amount the property will theoretically increase in value by due to the longer lease – this is known as marriage value.

The Leasehold and Freehold Reform Act 2024 abolished marriage value, but this has yet to come into effect. Until it does, the current rules still apply. Find out more in our guide on leasehold reforms.

This is one of the biggest financial differences when comparing leasehold vs freehold property ownership.

999-year leasehold vs freehold

A common question is whether 999-year leasehold vs freehold really makes much difference.

A 999-year lease is extremely long and, in practical terms, may feel very similar to freehold. For example, there may be little immediate concern about the lease term running down.

However, a 999-year lease is still leasehold, not freehold.

That means:

  • The freeholder still exists
  • The legal structure is still leasehold
  • The lease may still impose restrictions
  • Service charges may still apply
  • You still do not own the land outright

How the lease extension process works

  • The cost of extending your lease will depend on your property’s value, how long is left on your lease and the amount of ground rent you pay.
  • To get an idea of how much it may cost you to extend your lease, use our free handy leasehold extension calculator powered by the Government-funded Leasehold Advisory Service.
  • When you extend your lease, you’ll also need to pay professional fees like solicitor costs and valuation fees – for you and the freeholder.
  • Leasehold reform could make it cheaper – or more expensive – to renew your lease. And the standard lease extension will increase to 990 years for houses and flats (up from 50 years in houses and 90 years in flats). But these reforms have not yet come into force.
  • If you are a leaseholder considering whether to extend your lease or wait, you should seek advice from a leasehold specialist. You can get a free initial consultation and estimate from our leasehold specialist partners.

Are houses leasehold or freehold?

Houses should usually be freehold.

That said, leasehold houses do exist, particularly in some new build developments and in certain parts of the country.

In recent years, the proportion of new build leasehold houses has fallen sharply following pressure for reform and changes in law and developer practice.

So while most houses are freehold, you should never assume. Always check the title documents or ask your conveyancing solicitor to confirm the tenure.

Leasehold house problems explained

Problems with leasehold houses may include:

  • High ground rents: Some which double every 10 years
  • Onerous fees: That must be paid to the freeholder for licences and permissions included in the clauses of the lease.
  • Freeholds sold to large institutional ground rent investors: who ask for hugely inflated sums to sell the freehold to homeowners.

The Leasehold and Freehold Reform Act 2024 has effectively banned the sale of leasehold houses in England and Wales (other than in exceptional circumstances).

Although the number of new leasehold houses for sale started to decline dramatically in recent years as it became apparent that they would be banned:

  • The proportion of new build leasehold houses rose from 7% in 1995 to a peak of 15% in 2016, down to less than 1% in December 2022.

The banning of the sale of leasehold houses is something we called for, including in our report Homes Held Hostage.

But these changes were not retrospective which means there are still leasehold houses in the UK today.

If you are thinking about buying a leasehold house, you should be especially careful to check:

  • How long is left on the lease
  • Whether there is ground rent and how it may increase over time
  • Any permission fees or restrictions

Things to check before buying a leasehold property

If you are considering buying a leasehold property, some of the key aspects you’ll need to know include:

  • How many years are left on the lease
  • The annual service charge
  • Whether there is any ground rent
  • Whether major works are planned
  • Whether there are disputes with the freeholder or managing agent
  • Any restrictions in the lease
  • Whether the building is well managed

You can ask the estate agent for some of the information at the outset. But don’t rely on what they say as they could be wrong.

Always get your conveyancing solicitor to confirm these details. Read more in our guide Leasehold conveyancing: Fees, process and how long it takes

What happens when a lease expires?

When the term of the lease drops to zero years, the leasehold expires and the property reverts to the freeholder.

  • For example, if you have a 40 year lease, you only have the right to use the property for 40 years before it goes back to the freeholder.

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. Read What happens when a leasehold expires?

Get expert advice on whether now is a good time to extend your lease or buy your freehold

Can a leaseholder buy the freehold?

In some cases, yes.

Find a Lease Expert Solicitor

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Leaseholders of flats have a joint right, with other flat-owners in the block, to buy the freehold of their building. This is known as a right of “freehold enfranchisement” and it means that the leaseholders become their own freeholder.

However, you can’t buy the freehold of your flat by yourself. You have to get your neighbours involved too. The law allows at least half of the leaseholders to come together to buy the freehold of the block from the freeholder/landlord. 

If you own a freehold house, you have a legal right to force your freeholder to sell you the freehold of your home. For more details, see our advice guide Should I buy the freehold? It’s advisable to get expert advice on whether now is a good time to buy your freehold.

What does it cost to buy a share of freehold?

In terms of costs to buy your share of the freehold you will need to pay your flat’s share of:

  • The purchase price for the freehold (the premium).
  • The cost of a valuation surveyor to do an accurate freehold valuation so you avoid paying over the odds.
  • Legal fees for the leaseholders and freeholder’s legal and valuation fees.
  • Stamp duty land tax (if the purchase price is over £125,000).

The exact cost depends on the size and value of the building, the lease lengths involved and the premium payable to the freeholder.

Considering buying a share of a freehold? Our partnered solicitors can give you a free estimate and provide advice you can rely on. Enquire now.

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Common leasehold charges

Unlike if you buy a freehold property, buying a leasehold property involves paying additional costs.

The main leasehold charges are:

  • Ground rent
  • Service charges
  • Administration charges

These costs can make a significant difference to affordability, so buyers should understand them clearly before committing.

Ground rent

  • Ground rent is a fee paid by a leaseholder to the freeholder for the right to occupy the land their property is built on.
  • The lease may contain a clause allowing the landlord to increase rent in years to come. Depending on how much the ground rent will increase by and how this is calculated it can cause problems buying, remortgaging and selling the leasehold property.
  • The Leasehold Reform (Ground Rent) Act 2022 banned ground rent on most new leases granted from 30th June 2022, setting it at a nominal ‘peppercorn’ rate i.e. £0. But this only applies to leases created after that date. For retirement properties, ground rent was banned from 1st April 2023.
  • For leases created before that date, if you were to carry out a statutory lease extension, your ground rent will also be reduced to a peppercorn, i.e. £0. See our guide to ground rent for more information.

KEY INFORMATION

Ground rent: latest news

  • Ground rents will be capped at £250 a year for leaseholders in England and Wales, the government has promised in its draft Leasehold and Commonhold Reform Bill, published in January 2026. The government says this cap could come into force in late 2028.
  • Ground rent will ultimately be reduced to a peppercorn i.e. £0 after 40 years.
  • However, flat owners should be aware that this is a proposal, not yet the law, and there are still significant hurdles to clear before these changes take effect.
  • Stay up to date on this and other leasehold reforms by bookmarking our guide on leasehold reform.

Buying a leasehold property? Make sure you use an experienced conveyancer. Compare conveyancing quotes from regulated and reviewed conveyancing solicitors that cover your area.

Service charges

  • Leasehold service charges normally vary according to the amount that is spent by the Lease Administrator each year on the upkeep of the building as a whole. 
  • This includes, for example cleaning common areas, making repairs, such as painting the building or replacing the roof and may include buildings insurance, though, sometimes this is quoted separately.
  • You should ask your conveyancing solicitor what items you will need to pay for. Check whether the lease administrator has any plans for expensive works for which you will be responsible. And, when payment for these will be due.
  • See our guide on leasehold service charges for more advice on what to expect and what to do if problems arise.

Administration charges

However, whether you buy a freehold or leasehold property, you may need to pay estate management charges for the upkeep of shared spaces.

What happens if I don’t pay leasehold fees?

  • If leaseholders don’t fulfil the terms of the lease – for example, by not paying the fees – then the lease can become forfeit. This means the landlord can terminate the lease and reclaim possession.
  • However, further reform of the leasehold and commonhold system over the course of the current Parliament has been set out, including commitments to removing the ‘disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement’. Find out more in our guide to Leasehold Reform.

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Leaseholder and freeholder disputes

It is common to have tension between freeholders and leaseholders. Such as:

Service charge disputes

The Property Ombudsman said it received 6,649 enquiries about residential leasehold in 2024, a 67% year-on-year spike with many homeowners concerned about the fairness of service charges, which in most cases must be redirected to a court or tribunal.

Absent freeholders

An absent freeholder can also cause problems, including issues if you want to extend your lease or buy the freehold, to selling your property down the line. Read more in our guide to Absent freeholder problems

Freeholder complaints

Freeholders complain leaseholders breach the terms of their lease. For example, by making too much noise or not getting permission for building works.

Is it hard to sell a leasehold property?

The answer is: sometimes, but not always.

A leasehold property may be harder to sell if:

  • The lease is short
  • Service charges are high
  • Ground rent terms are problematic
  • The building has management issues
  • There are cladding or repair concerns

But many leasehold flats sell perfectly well, especially where the lease is long and the charges are reasonable.

Leasehold vs commonhold explained

Another term you may come across is Commonhold, which is designed to be an alternative, fairer form of tenure to leasehold.

With commonhold:

  • You own your flat on a freehold basis
  • Communal areas are owned and managed collectively
  • There is no outside freeholder
  • You don’t have a lease

Under plans set out in the government’s 2026 Draft Commonhold and Leasehold Reform Bill, new leasehold flats will be banned and commonhold will become the default tenure. The draft Bill also includes measures that will allow you to switch an existing leasehold home to commonhold.

However, while these reforms will make commonhold the default tenure in the future, leasehold remains the main form of tenure for flats in the UK. Bookmark our page on Leasehold Reform to stay up to date on this.

Leasehold vs commonhold vs share of freehold

These three arrangements can sound similar, but they are not the same.

  • Leasehold means you own the property for a fixed term under a lease
  • Share of freehold means you still own your flat on a leasehold basis, but jointly own the freehold with the other flat owners
  • Commonhold means individual units are owned indefinitely and communal areas are managed collectively, without a freeholder

Get expert advice on lease extension, buying the freehold and Right to Manage from our partner leasehold specialists

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Find a Lease Expert Solicitor

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Frequently Asked Questions

Is it better to have freehold or leasehold?

Freehold is pretty much always the preferred option. With freehold, you own the building and the land it stands on indefinitely. But with leasehold, you own the property, not the land, and only for the length of your lease agreement with the freeholder. Plus, you’ll need to pay leasehold charges too.

Why would anyone buy a leasehold property?

There are lots of downsides to buying a leasehold property, but if you’re buying a flat, you’ll probably find most of the flats on the market are leaseholds. The key is to be fully aware of the length of lease, any leasehold charges and any other important factors that your conveyancer should flag to you. Read more in our guide on Buying a leasehold property.

Is my house freehold or leasehold?

To find out whether your house is freehold or leasehold, you should check your deeds. Alternatively, you can search for your property at the Land Registry.

What is flying freehold?

A flying freehold is a freehold property built over land that doesn’t form part of the property, such as if a freehold property overhangs another. For example, this could include rooms built across passageways or basement vaults.

What is the difference between freehold and leasehold?

The difference between freehold and leasehold is that freehold means owning the property and land indefinitely, while leasehold means owning the property for a fixed number of years under a lease agreement with a freeholder.

What does freehold mean?

Freehold means you own the property and the land it stands on outright, with no lease term and no expiry date.

What does leasehold mean?

Leasehold means you own the property for the length of the lease, but not the land it stands on. When the lease expires, ownership reverts to the freeholder unless the lease is extended.

Related Reads

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