The key stages of a Lease Extension
Are you a tenant considering a statutory lease extension, but feeling unsure of the process and time frames? Lease extension solicitor Callie Tuplin has put together a guide to advise on the basic steps of extending the lease on your flat:
- If you require information from your landlord regarding your leasehold extension that has not been provided previously, then you can serve an information notice under section 41 of the 1993 act. If a notice is served, the landlord must respond within 28 days.
- The commencement of your claim is the service of your claim notice under section 42 of the act. At this stage, the ‘valuation date’ will be fixed at the date you serve the notice.
- As with you requesting information from the landlord, they too can ask for additional information including evidence of your right to claim a statutory lease extension. However, they must do this within 21 days of receiving your claim notice. If this notice is served, you have 21 days to provide the information the landlord has asked for.
- The landlord must serve a counter-notice by the date stated in your claim notice and the date must be at least two months from the date you serve the initial notice. It is essential that sufficient time is provided to comply with the two-month rule as it must be at least two months.
- If a counter-notice is not served by the date included within your claim notice, you must apply to the court for a vesting order within six months.
- However, if the landlord does serve a counter-notice, you have six months from the date of the counter-notice to agree to the terms in dispute. If terms cannot be agreed, either you or the landlord can apply to the tribunal for an independent decision. You cannot apply to the tribunal within the first two months from the date of the counter-notice but it must be within six months of the date the counter-notice is served.
- If an application is made to the tribunal to decide the disputed terms, the fee for applying to the tribunal is £100, and the hearing fee is £200. The tribunal’s decision becomes final following 28 days.
- Once the terms in dispute have been agreed or the tribunal’s decision becomes final, you and the landlord have two months to complete the new lease.
- If you are unable to complete the new lease within two months of the terms being agreed or terms decided by the tribunal, you have a further two months to apply to the court to order the landlord to meet their obligations
For free initial advice on lease extension matters including lease extension costs, leasehold enfranchisement and the types of lease extension available, get in touch with Callie Tuplin on 01376 320456 or email email@example.com.
Posted 17/02/2020 by:
Senior Lease Extension and Enfranchisement Solicitor