How to extend your lease
If you are a leaseholder living in a council neighbourhood and want to extend your lease, we have put together a simple guide showing you how.
Are you eligible?
You must have owned the property for at least two years before you can extend your lease. After two years you can ask for an extension to add a further 90 years on to the lease.
To find out how many years are left on your lease check the lease document you received when you bought the property (page 5, part 5 ‘The Term’). If the term left on your lease is less than 80 years you may have to pay more for an extension.
How much will it cost?
There is no fixed price for a new lease, but you can get a rough estimate using the lease extension calculator on The Leasehold Advisory Service website.
Extending your lease involves paying for a solicitor and a valuer. You need to have enough money put aside to pay for these professional fees. Make sure you chose a solicitor with experience of handling lease extensions.
The eventual cost of the new lease will be the premium of the new lease, plus both your own and our legal and valuation costs.
What is the process?
The process to extend your lease is started when your solicitor serves us with a Section 42 Notice. Once this Notice has been served you are committed to paying our fees as well as your own costs. You will still have to pay these fees even if you later decide not to go ahead with applying for a lease extension.
It is important that the Section 42 Notice contains no inaccuracies as an incorrect Notice can be rejected as invalid. Once we receive the Notice we will then let you know if we agree to extending your lease.
We may ask you to pay a deposit of at least £250.
Informal applications
The Council may consider informal applications to extend your lease (i.e. applications that are not made by way of formal Notice of Claim in accordance with the Act), however:
- You will still have to meet the qualifying criterial of the Act. (The Council has no discretion to grant extensions to leaseholders who do not meet the qualifying criteria)
- The price and terms will be agreed in accordance with the relevant provisions of the Act
- You will be required to meet the Council’s legal, surveyors and administrative costs in the matter
- An initial non-returnable payment of £250 will be required in order for the Council to consider an informal application
For informal applications, please contact Valuation & Estates at commercialproperty@southampton.gov.uk.
Where to receive further advice
The Leasehold Advisory Service offers advice and guidance throughout the process and you can talk to our Valuations and Estates team at commercialproperty@southampton.gov.uk.
