Unfortunately a lease is a decreasing asset and as its term reduces so does the value of the property. During the first years of the lease the decrease in value is usually offset by increases in the housing market, always supposing of course that the property market is increasing year on year.
However as the term reaches 70 years or less it becomes more difficult to obtain a mortgage on usual terms. Therefore becomes difficult to sell the property as leasehold and so it reduces in value.
A lease extension reverses this process and the full value of the property can be obtained on sale. This is without a doubt the main reason people extend leases on property
Before the Leasehold Reform Act leaseholders were at the mercy of landlords, some of whom who took the opportunity to charge high premiums for the extension and to increase the ground rent.
The majority of leasehold property owners will be able to extend under the above legislation.
However there are some legal requirements that must be met.
The two most crucial are:
1 The property has to have a lease with an original term exceeding 21 years.
2 You have to have owned the leasehold for at least 2 years.
What am I entitled to during the procedure?
You will be entitled to:
• An extension of 90 years. i.e. 90 years added to your remaining term.
• Nil ground rent. i.e. ground rent is reduced to zero for the entire term of the extended lease.
• The premium is calculated under the legislation i.e the landlord cannot name the figure.
When extending a Lease:
Providing that there is not a missing freeholder the landlord is entitled to compensation for the loss he will experience on granting of the Lease extension. This compensation is essentially the premium that you as the leaseholder will pay. It is made up of the following:
• the diminution in the value of the landlord’s interest in the flat; that is, the difference between the value of his interest now with the present lease and the value of his interest after the grant of the new lease with the extra 90 years.
• Compensation for loss arising from the grant of the new lease.
Background
Under the Leasehold Reform, Housing and Urban Development Act 1993, as amended by the Commonhold and Leasehold Reform Act 2002, a group of leaseholders are entitled to apply to the freeholder of their building to buy freehold.
Why should I purchase the freehold?
The majority of leaseholders opt to purchase the freehold in order to run their own affairs and to have direct control on the management and maintenance of the building. It is also another way to obtain a lease extension if lease terms are low.