Skip to content
Tuesday 18 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,720.30
-0.28%
DAX
26,338.61
0.00%
CAC 40
8,579.60
0.00%
STOXX 50
6,530.45
0.00%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Saturday 18 February 2017 11:00 am

Property Legal Q&A: I own a flat that has 87 years left to run on the lease. Should I extend the lease?

By: Hema Anand

Add as a preferred source on Google

A: A longer lease has the advantage of being both more mortgageable and more attractive in the market. A leasehold flat whose term has significantly reduced (say to below 50 years) is a wasting asset, and extending its lease term is essential to preserve the value.

The Government in the recent Housing White Paper states its intention to promote transparency and fairness for the growing number of leaseholders within the UK. There is an appetite to streamline the application for a lease term extension and possibly address unfair lease terms.

By law and subject to meeting the relevant criteria, for example owning your flat for two years, a leaseholder can, under the Leasehold Reform, Housing and Urban Development Act 1993 (1993 Act), apply to the landlord for a lease term extension.

A leaseholder is entitled to 90 years in addition to the term left on the lease (in your case therefore 177 years), with no monetary ground rent payable. But in your case, there is an additional incentive, namely that a lesser premium is payable to the landlord for a lease term extension where the lease has more than 80 years left to run at the date when the claim is made.

Extending your lease ahead of selling your property or re–mortgaging will put you in a better position so that your landlord cannot take an unfair advantage and pursue a higher premium where a leaseholder is under pressure to raise finance or sell the flat. Recently a few lenders have amended their lending criteria to insist the remaining term of a lease is minimum of 85 years, it is important to keep your lease length topped up using the 1993 Act right.

You may have seen press coverage about the impact that a rising ground rent provision has on the premium payable to the landlord for a lease term extension. The amount of ground rent that a landlord receives under the terms of the lease forms part of the calculation of the premium payable for a lease term extension.

As a result, particular attention should be paid to the ground rent payable under the terms of that lease. For example, a lease that contains an initial ground rent of £250 to double every ten years over a period of a 125 year lease, may on the face of it seem harmless but by the fifth or sixth rent review i.e. 50 to 60 years’ time passing ground rent is £8–16,000 respectively. The capitalisation of this rising income stream can significantly raise the price for an extended lease.

You can also, of course offer to explore with your landlord the possibility of granting you a lease term extension on terms negotiated directly between yourself. One can often see 999 year leases granted in these circumstances.

Bircham Dyson Bell is a multi-disciplinary UK law firm advising private companies, public sector bodies, not-for-profit organisations and individuals since 1834. Visit bdb-law.co.uk to find out more

[custom id="197"]

 

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal
  • Life&Style
  • Property

Trending Articles

  • As it happened: FTSE 100 drops as oil prices rise after Trump makes Hormuz threat

  • US bond market jitters spark UK economy recession warning

  • Aldi boss wades into supermarket ‘price-gouging’ row

  • Monzo chair makes early exit after boardroom rift

  • New Premier League rules could see £11bn invested into new stadiums

More from Morning Wire

  • PwC joins the Canary Wharf crowd in major property shake-up

    Big Four
    PwC cuts roles and apprenticeship
  • Kuwait Oil Company Signs US$ 16.0 Billion Infrastructure Partnership Involving Its Crude Oil Pipeline Network With a Consortium Comprising Blackstone, Brookfield and KKR

    Business Wire
  • Graduate start-ups require a new kind of office

    Partner
    High-resolution view of Halkin Street, showcasing the architectural details and vibrant urban atmosphere.
  • Dream Industrial REIT Announces Entry Into U.K. Multi-Let Industrial Market and Growth of Strategic Private Ventures in Europe

    Business Wire
  • Heineken-owned pubs group faces probe over eviction threat

    Hospitality
    Hand holding a 4-pack of green Heineken beer cans with red stars and white lettering
  • KKR and Mirastar Complete Acquisition of Portfolio of Four Prime UK Logistics Assets from PLP

    Business Wire
  • Tesco Mobile breaches £600m debt facility after reporting failure

    Telecoms
    Overhead view of a brightly lit Tesco store interior with shoppers, product aisles, and Clubcard Prices signage.
  • RealPage Acquires Cherre, Creating a Trusted AI-Powered Intelligence Platform Across the Full Real Estate Capital Stack

    Business Wire
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook