If you are a leaseholder and you are thinking of starting the lease extension process, it is important to establish whether you are eligible to bring a claim for a lease extension. Under section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) to qualify for a lease extension the leaseholder must have been the owner of a long lease for at least two years before the claim for a lease extension is made.

Long Lease

The following types of lease will qualify as a long lease:

• A lease for a term of years absolute in excess of 21 years when originally granted.
• A lease of less than 21 years that contains a right of perpetual renewal.
• A lease terminable on the death or marriage of the tenant or on an unknown date.
• A tenancy where the tenant has held over at the expiry of a long lease.
• A shared ownership lease where the tenant’s share is 100%.

Two year period of ownership

The required two year period of ownership will begin to run from the date the tenant is registered as the proprietor of the lease at the Land Registry (Wellcome Trust Ltd v Baulackey [2010] 1 EGLR 125). Therefore, the earliest date a leaseowner can apply for a lease extension under the LRHUDA 1993 is the date two years after it has become the registered proprietor of the lease and not the date of the assignment of the lease to the tenant.

Fitz Solicitors have a specialist Leasehold Enfranchisement department that deal with lease extension matters whether you decide to proceed down the informal or statutory route. If you would like to obtain further advice in relation to a lease extension for a flat or a house, please call 01753 592000 or email info@fitz-legal.com.