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Leasehold Calculator

Estimate as to the likely costs of a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.

As an alternative to a lease extension, leaseholders in a block can acquire the freehold in what is technically known as enfranchisement (as a rule this is more than 50% participation). There are certain circumstances where the leaseholder’s can approach the freeholder on an informal basis (without serving notice) but these are generally very rare, owing to the added complexity of an enfranchisement over that of a simpler lease extension. The leaseholders will need a Chartered Surveyor to undertake a valuation of the freehold before they serve notice as the figure contained within this notice has to be reasonable to be deemed valid (in the same way a notice for lease extension can).

With the leaseholder’s notice served, the freeholder will arrange for their surveyor to inspect the property and gather sufficient information to assist with the preparation of a counter notice. The surveyors have up to 6 months to the agree the premium, otherwise it will have to be settled at the First Tier Tribunal. Applications to the Tribunal can be made 2 months after the counter notice has been served.

The first part of the premium for an enfranchisement is very similar to that of a lease extension. The freeholder’s compensation first of all arises from the loss of ground rental income and from the loss of the right to take back possession of the flats at the end of each lease. ‘Marriage value’ is the aggregate value of the freeholder’s and leaseholder’s interest arising from the enfranchisement at a rate of 50%, or in basic terms, half of the uplift in value of each of the flats. The shorter the lease, the greater the marriage value. Marriage value is disregarded when there are more than 80 years left on the lease so acting sooner rather than later is strongly advised.

The element that differentiates an enfranchisement from a lease extension is what is referred to as development value. There are various elements of the freeholder’s title that could be developed with the freeholder’s consent, including but not limited to, an extension in to the roof space or basement area, the creation of a roof terrace or even the construction of an entirely new dwelling. The surveyor instructed by either side will have to inform their client(s) as to the likely compensation due under this section of the Act. If a development is deemed to be very likely to take place, e.g. there is planning permission in place, then the compensation may be so large as to render the claim unaffordable. If development value is far more speculative, very large discounts will need to be applied to account for what is referred to as ‘hope value’.

The appointment of an experienced surveyor and solicitor is arguably even more important than for a lease extension as the possibility of the case being taken all the way to a valuation Tribunal is greater. An experienced surveyor will outline the full scope of the valuation with particular reference to the upper and lower ranges of the premium payable. Their specialist knowledge of the legislation, case law, current precedents and strategies used in valuation, negotiation and Tribunal scenarios will be vital in achieving the best premium possible whether you are the leaseholder or freeholder.

Our Chartered Surveyors are also RICS Registered Valuers and deal with hundreds of cases per year. Negotiations form part of most freehold enfranchisement claims and expert witness representation at Tribunal can also form part of this process. We also work closely with the very best solicitors in the profession, as a tight knit team of client, Valuer and legal representation is required to achieve the very best of results. Please either email or call us on 020 7183 2578 to speak to our expert team.

Further Reading

Follow the links below to find out more about the lease extension process.

Lease Reform Proposals

Read our response to the Government’s lease reform proposals.

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Glossary of Leasehold & Freehold Enfranchisement Valuation Terms

Our surveying team have written up the details of several cases relating to extending a lease or enfranchising the freehold of a building.

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Leasehold Extension & Freehold Enfranchisement Case Studies

Our surveying team also answer questions submitted by the public on the Lease Extension Advice site

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I had a really positive experience with Shaun Blake at Peter Barry. The survey was very thorough and Shaun was on hand to answer several follow-up questions I hand. I would recommend them to anyone.
Requested a level 2 survey with Peter Barry and was very happy with the service, the survey goes above and beyond what I have experienced before and gave a very thorough breakdown of the risks and what next steps both I and the solicitor should take. I highly recommend going with them!
Response from the owner:Thank you for sharing your experience working with Peter Barry Surveyors.
I’m using them to help with lease extension and provide valuation, survey and advise on same. Still in the process, but they have very quick, efficient, professional and also helpful to date.
Lease extension is a tricky process so having them deal with this efficiently and provide clarity has been so welcome.
Response from the owner:We are pleased to hear how useful you have found our service.
Peter Barry offers an efficient and effective service. Helpful advice on various levels of homebuyers reports. It was so helpful to be able to talk things through with David Breeze. Recommended.
Response from the owner:Thank you for your recommendation Mr Greenwood.
Administrator Joanne was super quick to get me into their system and assigned Surveyor, David Breeze. David is delightful, wonderful, knowledgable, even helpful after surveying the property to assist me with outstanding tasks to make sure I was comfortable and understood the reports.
Response from the owner:We are pleased to hear that you were so satisfied with the service you received from David.
Excellent customer service.
Jaynell was extremely helpful and David Breeze provided us with a very comprehensive and detailed report.
We welcomed the opportunity to speak with him before and after the survey. He answered all our questions and addressed our concerns by recommending possible solutions. I have already recommended him and all at Peter Barry.
Thank you for a very positive customer experience.
Response from the owner:We appreciate your recommendation & positive feedback, thank you.
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