Extend lease beyond the Head lease conundrum

korona_2

Hi,

Can anyone give an advice on this conundrum?
I want to buy a flat that currently has lease for 55 years but promised that will be extended to at least 99 years. I just found out that the Head lease bought in 1986 a lease for 115 years. I was told they can only extend up to that figure which, if you do the maths, is 90 years.
1. Can the leaseholder bypass the Head lease and get more years?
2. If I buy I will always be tied up to the Head lease and never been able to extend?

Thanks

must-resist-ebay

Short answer
1. No
2. Yes

Longer answer, underleases must always be granted for a term shorter than that of the lease it was granted out of so your lease can never be extended past the term of the headlease. It may however be possible to extend the headlease allowing the underlease to be extended further.

korona_2

I spoke with the Leeshold Advisory Service and they told me exactly the opposite. Apparently you can bypass the Head lease and ask for an extension (which means the Leaseholder will have more years than the Head Lease). This is because you ask extension directly from the "competent landlord" which in this case is the Freeholder.
Then I asked my Lawyers and told me what you've said.
So, I am more confused than ever now
Help!

korona_2

I came to the bottom of this. There is a way to bypass the Head Lease and have more years: The Freeholder is the "Competent Landlord" for the purposes of lease extension under the 93 Act.
Simples (sort of speak)