Guide to Informal Lease Extensions

Wednesday, 20th September 2017
Leasehold Valuations | Valuation

The Leasehold Reform and Urban Development Act, 1993, establishes the valuation basis and legal framework for leaseholders to extend their lease (as well as enfranchise). The most common way to enact the Act, is to serve a Section 42 notice with the help of a specialist solicitor, but this does come with a raft of stipulations and costs, and is a course of action that should not be taken lightly.

The alternative to serving such a notice is often referred to as the informal route, and amounts to an offer being put to the freeholder, which is then often followed by a period of negotiation. The main benefits of this route is that it is often much quicker and less expensive in terms of professional fees. However, without the protection of the Act in place, it is also fraught with pitfalls, and as such, needs to be managed very carefully. What follows, is a step by step guide, including at various points, when to cut your losses and resort to serving that good old Section 42 notice. It is also highly advisable that you talk each of these stages through with an experienced Leasehold Valuation Surveyor:

Step 1 – Identifying your freeholder

It is likely that you pay an annual ground rent to your freeholder, so a quick check of any letters or receipts will show you who they are. Alternatively, you can look at your lease or download a title register from the Land Registry. Essentially, at this stage, your surveyor will be looking to see whether or not your freeholder is a small to medium sized investor or a large institutionalised investor. If it is the latter, or if the surveyor knows that the freeholder has responded negatively previously, they may instantly recommend proceeding straight to a S42 notice.

Step 2 – Get a Leasehold Valuation

Peter Barry have an expert team that can advise you on the likely premium payable, which will include upper and lower ranges. If you want to get an initial insight as to what you would be looking at, try Peter Barry’s estimate calculator.

Step 3 – Write to your freeholder

This can either be done yourself or with the help of your surveyor – with the latter, Peter Barry will write to your freeholder with a proposed ‘reasonable’ offer and deal with any subsequent informal negotiations. The pitch of the letter is essentially that the price proposed is fair and that it is based on minimal negotiation time with the freeholder also being made aware of your option to serve a formal notice should this route prove too expensive or time consuming.

Step 4 – What happens next?

Your freeholder will now do one of 3 things:

1 – Ignore you

2 – Reply with an offer

3 – Reply, and inform you that they require an upfront fee to cover their surveyor’s valuation fee

The vast majority go for option 3, following which you end up at option 2, with an offer to consider. Unless you fancy trying to negotiate yourself, your surveyor will now step back in and try to negotiate the premium down to a level that is worth accepting. Most offers will be too high, for a shorter term that is desirable (99 years or perhaps 125 years) and will include an ongoing ground rent (usually £250 per annum, doubling every 25 years). It is critical that you speak with your surveyor to enable him to understand your end goal. You might only want a statutory 90 year extension with no ground rent, or alternatively, you may be content with a shorter term and to pay some ground rent, in order to pay as low a premium as possible.

Step 5 – Accepting or rejecting

Professional fees charged by a freeholder and their surveyor in respect of a S42 claim, for a property worth around £536,966 (the average price for a flat in London in 2017) and with a lease in excess of 60 years, are typically around £4,000 – £5,000. An offer worth accepting will need to factor in these costs as well as time and emotional factors. If a good deal is struck, then your file is handed over to your solicitor who will finalise the content of the new lease and register the title with the Land Registry. If it looks like you are being led down a dead end, or if the premium/offer is simply too unattractive, your surveyor will advise you to serve notice. The latter is a tough pill to swallow and you will have incurred some costs, so it is essential that you instruct a surveyor with appropriate experience of informal extensions, so they can pick up on the warning signs early.

Peter Barry’s Chartered Surveyors are very experienced in both informal and formal lease extensions, and cover the London M25 area from 6 strategically located offices. If you wish to obtain some free and impartial advice on your property, either email or call us on 020 7183 2578.

We cannot say enough good things about our experience with Peter Barry. We came to them when stuck in a slow Party Wall process with another surveyor and an fast approaching deadline as we wanted to start work on our property in time to finish before December. The Peter Barry team were phenomenal. Callum's knowledge was fantastic and he advised us effectively every step of the way, while Trina was highly responsive and a delight to work with. We were delighted with the experience and would recommend Peter Barry to anyone needing support with a Party Wall Award.
Finlay was fantastic on our Party Wall Award. Clear communication throughout process and helped to drive the process forward. Very friendly and efficient on the site visit and very thorough. Would highly recommend. Thank you!
Response from the owner:We're delighted to hear that Finlay provided clear communication throughout the Party Wall Award process and helped keep everything moving smoothly. We'll be sure to pass on your comments to him. Thank you for your recommendation.
I recently used the Peter Barry services, and I was thoroughly impressed with the professionalism and thoroughness of the Level 2 survey. The team was very knowledgeable and explained the scope of the survey clearly before starting. They conducted a detailed inspection of the property, identifying both visible issues and potential hidden defects that could affect the building’s value and safety. The survey report was comprehensive yet easy to understand, featuring clear descriptions, photographs, and recommendations for any necessary repairs or further specialist investigations. I appreciated the prompt turnaround time without any compromise on the quality of their work. Overall, the Level 2 survey provided me with the confidence and detailed information I needed to make an informed decision regarding my property purchase. I would highly recommend this service to anyone looking for a reliable and detailed property survey.
Response from the owner:Thank you for your wonderful feedback. We're delighted to hear that you found the Level 2 survey thorough, clear and informative, and that the report gave you the confidence needed to make an informed decision. We truly appreciate your recommendation and are pleased we could assist with your property purchase.
A brilliant first class experience I wanted a survey swiftly and I got a can-do and thoughtful response and ultimately a survey in swift time! Thanks very much indeed. I recommend!
Response from the owner:Thank you for your kind review. We're pleased we could arrange your survey quickly and provide the responsive service you were looking for. We really appreciate your recommendation and wish you all the best with your property purchase.
Rigorous and timely. Recommend.
Response from the owner:We appreciate your recommendation, thank you.
Quick service and very clear reassuring advice from Tom. Many thanks
Response from the owner:Much appreciated.
Call Now Button