Lease extension on flat

dottiec

Flat purchased in 2000 and rented out since then. My lease is 99 years from 14 November 1989. Freeholder is Local Authority with a Head Lessor - I have an underlease. I understood none of this when I purchased the flat and my solicitor didnt even mention it. The lease is now 79 years and I would like to extend it to prevent problems in the future. Over the last couple of years I have mentioned this to my landlord who has brushed it off saying there is still a long time to run on the lease. My last attempt was October last year (( must have read about the marriage clause) and his reply said he didnt want to approach the council as he felt they might put the rent up for the land. He has a 99 year lease from 1987. The Council has said that I need to approach the Head Lessor to ask him to extend my lease, in which case he would have to approach the Council to request they extend his lease as he is not in a position to offer me any more years. The Estates Dept at the Council also said they would be reluctant to extend the lease as they have already given 99 years - this info was not from a legally qualified member of staff). Can they refuse to extend the lease for my landlord and equally can my landlord refuse to extend my lease because he does not have sufficient years. I seem to be hitting my head on a brick wall and wonder whether I should approach my landlord again myself or ask a solicitor to write to him with a formal notice and offer. The flat is worth around £120000 and I pay £65 ground rent per annum. I have no idea how much it might cost. Any advice would be greatly appreciated.

Doozergirl

https://www.lease-advice.org

They have a dedicated telephone number for advice and it is free aside from the cost of the call.

I have no experience at all of head leases which is whyI won't offer you any other advice other than to speak to the people above. I can tell you that the council cannot simply refuse to extend a lease and that the person you spoke to was far from qualified as they seem to lack even a basic understanding of Leasehold Law!

dottiec

Thank you for your response. I contacted the Lease Advice people and they are extremely efficient and helpful. I have decided to write to my landlord in a more formal fashion and explain that I am serious about extending the lease and if he doesnt agree, or doesnt reply, then I shall be serving a formal notice from a solicitor. I realise that even if he does agree, I shall need a solicitor to act for me and also a surveyor for a valuation but at least the landlord will have a chance to work together amicably.

I can say I would never touch a leasehold property again and I think solicitors should have to explain clearly to prospective purchasers of leasehold properties how a leasehold works. I have owned my flat for 10 years and have only recently realised that at the end of the lease term, the property reverts to the landlord and I would no longer own the flat and would have to pay the landlord rent. Extending my lease could cost anything up to £10000 and this needs to be factored into the purchase of the property.

Again, thank you for your help.