Lease extension and the relashionship with my solicitor

Dougalthebeast

I am trying to extend my lease. I have a solicitor, from the same group that did the purchase of my flat 10 year ago.

The process started in July. I have not heard from the solicitor since and he doesn't reply to my emails, I sent 2 enquiring about the process.

Is this normal behaviour? Should I just sit tight and wait? The landlord is the worst one could ever have, and I could take him to Court for breach of lease, but should I just wait?

DullGreyGuy

When did you send your enquiries? Have you picked up the phone to them? 

eddddy

Is the solicitor you've chosen a specialist in leasehold / landlord and tenant / lease extensions?

It's probably not sensible to use a conveyancing solicitor for a lease extension, as they don't generally have the specialist knowledge that's needed.


There are 2 ways of extending a lease:

• The Informal Route
• The Statutory Route (also called the Formal Route)

If your freeholder is 'difficult', I guess you're going for the Statutory Route.

How much do you understand of the process? What has your solicitor done so far, if anything?

Here are some web pages that describe the process:
https://www.lease-advice.org/fact-sheet/lease-extension-flats/
https://www.lease-advice.org/advice-guide/lease-extension-getting-started/

Dougalthebeast

Thank you for the replies. I haven't picked up the phone yet, it was only via email around one month ago. I will pick up the phone.

And, yes, they are specialists. I am using the Statutory Route as the landlord is not to be trusted and he is very difficult. I would rather not have any direct contact.

"What has your solicitor done so far, if anything?" That is my issue. I don't know. I will pick up the phone and ask. One expects the solicitor to reply to emails but this solicitor does not seem to do so. If I still don't get a reply I will probably cut my losses, I have sent £350 for "paperwork" and find another one.

That's why I would like to know if this is standard behaviour from a solicitor, or if I am unlucky.
Thank you very much!

eddddy

Did you get a quote from your solicitor before you started? How are you going about getting a valuation for the lease extension?

Typically, the first steps in the process are...

• Ask a valuer to advise you of the likely cost of a lease extension

• Your solicitor then serves a section 42 notice on your freeholder - offering a price for the lease extension, based on what the valuer has said

• Wait for the freeholder to respond - usually with a counter offer which is much higher

• Then you and the freeholder negotiate to agree a price - but often you ask your valuer to negotiate on your behalf, because the negotiation is usually based on technical details and calculation. 

Ultimately, you have to pay all of the following:

1. Your solicitor's fees
2. Your valuer's fees
3. The freeholder's solicitor's fees
4. The freeholder's valuer's fees
5. The price of the lease extension

Out of interest, how many years are remaining on your lease, what is your annual ground rent, what would the flat be worth with the extended lease?

Dougalthebeast

I called the solicitor! He has served section 42 notice to the freeholder and asked me if I have received any letter from them. I haven't so he will chase.

Replying the other questions
• I am expecting to spend around 10 grant on the renewal, maybe more. Eww...
• He has
• We are waiting for a reply
• My valuer will negotiate the price

I'm doing it early as I do want to get it out of the way. I still have 91 years, but I have the money to do it now, and I am not sure if I will have later. I know that the law will change, it might be cheaper later, but I really want to have this sorted ASAP. The landlord is a very odd cookie, and it has been doing everything wrong regarding leaseholders. I might have to take legal action against him in the future.

The ground rent is £200. The value after extending will be around £345,000 and I will be very, very happy.
Thank you so much for the support. It really helps!

eddddy

Dougalthebeast said:

I called the solicitor! He has served section 42 notice to the freeholder and asked me if I have received any letter from them. I haven't so he will chase.

Are you sure that your solicitor is experienced in lease extensions? That sounds incredibly disorganised! When did he serve the section 42 notice?

The freeholder (typically) has 2 months to reply to a section 42 notice.



Every stage in a statutory lease extension is time critical. For example, if you miss a deadline, you lose the right to your lease extension.

So the solicitor should have every deadline in their diary - and big alarm bells should ring when a deadline is approaching. You shouldn't have to phone your solicitor to prompt them into action.

Dougalthebeast

This is very good to know, thank you very much.

So, the solicitor serves a section 42 notice.
The freeholder has 2 months to reply.

Which or what would be a deadline I would miss? I am ready to go ahead with everything.

eddddy

Dougalthebeast said:

This is very good to know, thank you very much.

So, the solicitor serves a section 42 notice.
The freeholder has 2 months to reply.

Which or what would be a deadline I would miss? I am ready to go ahead with everything.

Here's a description of the process: https://www.lease-advice.org/advice-guide/lease-extension-getting-started/

The deadlines are summarised in Section 10.6 Procedures and time limits