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Extend Your Lease guide discussion

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Comments

  • Tykva
    Tykva Posts: 112 Forumite
    First Post First Anniversary Combo Breaker
    Hiya,

    we need an advice about the lease extension agreement. The extension terms of the lease have been agreed with a freeholder privately (no surveyor or solicitor have been involved then). The freeholder has instructed his solicitor about the agreement (by additional 99 years), which we have received. It consists of 8 pages and is called "Lease by way of extension of the existing term", which sounds fine to us. However, inside it states "99 years from the date of this deed", "the unexpired residue of the term created by the Original Lease is now vested in the Tenant", "This Lease is granted pursuant to Section 56 of the Act being a new Lease made in substitution of the Original Lease", which sounds to us that it is to 99 years. None of us are lawyers in our family and obviously despite how we agreed with freeholder it is best to hire a solicitor. However, I have following questions (as Im thinking that maybe there is still a misunderstanding between a freeholder and his solicitor, or purely solicitor mistake (as it seems he has been busy with other things and he had to be chased to get an agreement done):
    1. I have googled a typical lease extension agreement which looks pretty straightforward, what Ive seen there is a one page agreement stating "The agreement certifies that the parties agree to extend the lease agreement for an additional time period of starting on , 20_ and ending on...". Are lease extension agreements this simple? Which I think they should be. Thank you.
  • SKPatel
    SKPatel Posts: 63 Forumite
    Hello Tykva,

    If you have agreed the lease extension withouth having to serve a formal notice then there should not be any reference to Section 56 of the Act, assuming the Act being referred to is the 1993.

    I would strongly suggest you instruct a solicitor for proper legal advice and to ensure that the new lease agreement clearly sets out the terms you have agreed with the freeholder and not anything else.

    There is no one universal precedent lease document. These vary depending on property, solicitors and circumstances and replying on Google in this instance is not advised.

    Good Luck!
    Tykva wrote: »
    Hiya,

    we need an advice about the lease extension agreement. The extension terms of the lease have been agreed with a freeholder privately (no surveyor or solicitor have been involved then). The freeholder has instructed his solicitor about the agreement (by additional 99 years), which we have received. It consists of 8 pages and is called "Lease by way of extension of the existing term", which sounds fine to us. However, inside it states "99 years from the date of this deed", "the unexpired residue of the term created by the Original Lease is now vested in the Tenant", "This Lease is granted pursuant to Section 56 of the Act being a new Lease made in substitution of the Original Lease", which sounds to us that it is to 99 years. None of us are lawyers in our family and obviously despite how we agreed with freeholder it is best to hire a solicitor. However, I have following questions (as Im thinking that maybe there is still a misunderstanding between a freeholder and his solicitor, or purely solicitor mistake (as it seems he has been busy with other things and he had to be chased to get an agreement done):
    1. I have googled a typical lease extension agreement which looks pretty straightforward, what Ive seen there is a one page agreement stating "The agreement certifies that the parties agree to extend the lease agreement for an additional time period of starting on , 20_ and ending on...". Are lease extension agreements this simple? Which I think they should be. Thank you.
    Specialist in Lease Extensions and Freehold Acquisitions. Posts do not constitute advice.
  • Helenpet64
    Helenpet64 Posts: 17 Forumite
    First Anniversary First Post Combo Breaker
    We have a flat with 73 years left on lease. The ground rent is £60pa.
    We wrote directly to Managing agent/Freeholder asking to extend the lease. A flat within the same block sold in December with a new 125 year lease for £185k. We employed a local chartered surveyor to carry out a valuation and he estimated that a full 90 year extension should be in the region of 8 - 10k plus costs. A new 125 year lease is equivalent to only a 52 year extension. So we were expecting a cost of around 5k for this.

    The freeholder has come back offering the new 125 year lease for £12,850 plus costs plus an increased ground rent which then doubles every 15 years. We feel this is far too much. We counter offered 5k but they have ignored our letter and refuse to engage with us by email or by phone.

    We have since discovered that another owner in the block, attempting a lease extension 2 years ago on her 2 bed flat, was also offered a silly price and ended up serving notice and going to the Tribunal. She ended up paying around £8.5k for the full 90 years and no ground rent, but hers was a 2 bedroom flat so more valuable.

    The big unknown here is how the rapid increase in property values will have affected the calculation. She sold her 2 bed flat the following year with the much extended lease for more than we believe our 1 bed flat is currently worth, so my bottom line question is would it be fair to expect our outcome to be similar to hers should we get to tribunal, and is it worth all the costs involved?

    Sorry for length of post!
  • buglawton
    buglawton Posts: 9,235 Forumite
    Name Dropper First Anniversary First Post
    Due to the shortness of your lease there will be a large 'marriage value' component due to the freeholder. Your counter offer might have been seen as a bit insulting! I'd suggest making one loud and clear inbetween offer then proceed to tribunal if that is not accepted.
  • staple28
    staple28 Posts: 175 Forumite
    First Anniversary Combo Breaker
    What about the lease on a house? we pay 35 ground rent per annum, is it the same idea/costs as a flat?
  • SKPatel
    SKPatel Posts: 63 Forumite
    Hello staple28,

    Lease extensions of a house are different to those of a flat. You can only extend your lease of a house to 50 years.

    The legislation governing the two types of property are different and i would suggest you speak with a surveyor about the costs.

    Good Luck!
    Specialist in Lease Extensions and Freehold Acquisitions. Posts do not constitute advice.
  • staple28
    staple28 Posts: 175 Forumite
    First Anniversary Combo Breaker
    Thank you for the advice
  • polerina
    polerina Posts: 2 Newbie
    edited 20 May 2014 at 4:40PM
    Hello, first time poster here!!

    Me and OH are looking to buy, and have found a 2 bed split level maisonette that needs a bit of work doing to it and a bit of decorating but otherwise suits us fine. On the market for £115,000 and ground rent of £100/yr, no service charges. (Other maisonettes/flats in the block have gone for a similar price)
    We were ready to put an offer in, we can go full price if necessary... Then we found out that the lease is only 56 years!! EA has told owners that they will need to extend the lease in order to sell it, else it will have to be cash buyers only (which we are not). We are going to view it again on Friday so should have our answer by then as to whether they will extend or not. Now, if they do decide to extend, I gather it will cost around £15,000 if not more... So my question is, are they then likely to re-market the maisonette at a higher price? Which would put us off a bit. Also, how did the EA not already know that information beforehand?! Surely the property's valuation took into account the lease?

    Thanks, :)


    Edited to add: EA told us that if owners did decide to extend lease, we could put in an offer "subject to lease extension" (or words to that effect) is that right? and if so would we need to offer over the £115k current price? Or assume that that is the price with a decent lease, considering the EA didn't seem to know it was such a short lease?
  • propertyman
    propertyman Posts: 2,922 Forumite
    Take a look at this
    http://forums.moneysavingexpert.com/showthread.php?t=4754355&highlight=

    In short make an offer but you are better off getting a valuation asap from a local qualified surveyor on the value as is and with a lease extensions before spending any more time and money.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • Hi,
    I own a flat - one of 5 in a converted house. Each owner has a share of the freehold. The lease left on my flat is 71 years - is it still relevant? Especially as I am about to sell? Someone has just bought another flat in the block and had the original owner extend the lease to 999 years - will this make is easier / cheaper to extend mine?
    Thanks!
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