Every leaseholder in England and Wales has a statutory right to extend their lease provided they meet the requirements, which are:
Lease extension solicitor Callie Tuplin discusses what makes you a qualifying leaseholder.
To be a qualifying leaseholder you must own a long lease and have owned it for the past two years.
A long lease is:
The majority of leaseholders in England in Wales wishing to extend their lease will satisfy the criteria by the term as nearly all residential leases (flats and maisonettes) have a term in excess of 21 years. Therefore, provided you have owned the property for the past two years you will be able to proceed provided you have a competent Landlord. Even if you are a qualifying tenant, if your landlord is a charitable housing trust and the property is provided as part of the charity’s functions or the leaseholder is a commercial or business tenant you do not have the right to extend under the provisions of the act.
If you are a Qualifying Tenant under the provisions above, unfortunately there are some properties which are completely excluded from the right to a lease extension which are as follows:
Unfortunately, therefore, if your property is within on of the above buildings, you will not be able to proceed with a statutory lease extension.
Ready to proceed
If you meet the above criteria in relation to being a qualifying tenant within a qualifying building, then you are good to go and can start the process of a statutory lease extension.