Leasehold extensions for the owners of residential properties are not always straightforward. This article addresses some of the most commonly raised queries of those leaseholders wishing to extend their residential lease.
Q. What is leasehold extension?
A. If you own a property on leasehold, you have the legal right to extend the term of your lease, for an additional 90 years. In effect, you're getting a new lease, since this leasehold extension is in addition to the remainder of your current term.
Q. Why is it necessary to extend a lease?
A. Although you are not obliged to extend your lease, there are compelling reasons for doing so. The longer your lease, the more valuable your property, and the more easily you will be able to sell it, should you choose to do so. Properties held on a shorter lease are not as appealing to buyers and mortgage companies, getting a leasehold extension helps increase the value of your interest. Secondly, increasing the term of your lease obviously gives you greater security in your own home, even if you have no intention of selling. If a lease expires, then the property reverts to the landlord, and any occupants become that landlord's tenants.
Q. Is everybody entitled to extend their lease?
A. Normally yes, however there are exceptions and qualifications to this. You qualify for the right to an extension if you satisfy the following criterial; your original lease was granted for more than 21 years and you have owned the property for more than 2 years. Note that this is a requirement of ownership, rather than residency, so you don't have to have lived in the property for that time.
Q. How much does extending leases cost?
As ever home carries a different valuation, there is no single answer to this. The calculation can be reasonably complex taking into consideration factors such as the landlord's compensation and local housing prices. If the lease term has dropped below 80 years, then you may incur an additional fee which is refered to as 'marriage value' this is calculated using the projected increase in value of the property before and after the extension is awarded. You will also need to take professional fees into account.
Q. What's the best way to obtain a leasehold extension?
A. The best course of action to take is always to seek advice from a specialist. A solicitor specialising in extending leases will be able to guide you through the legal implications, handle all the paperwork and deal with the landlord on your behalf. You should also get in touch with a specialist surveyor to give you a price for the extension - without this, you have no basis for negotiation.
Using the right help and services, getting your lease extended can be extremely beneficial.
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Bonallack & Bishop are lawyers specialising in
leasehold extension. For information on
extending leases, then contact one of their solicitors today. Senior Partner, Tim Bishop, is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm.
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