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Has your lease expired?

Are you the owner of a leasehold flat or house

At the end of the term of a long-lease to determine the lease the landlord will need to serve on you, as leaseholder, a notice under the Local Government and Housing Act 1989, within which they are required to offer you an assured tenancy at a modern rent Leaseholders have two months to respond to the landlord’s notice and not responding at all to this Notice can have serious consequences for your ownership of your flat or house.

If you are a leaseholder, during this period you are (subject to the eligibility criteria being met) still entitled to exercise your statutory enfranchisement rights, which differ slightly depending on whether the property is a house or a flat.

If you own a house, and the statutory criteria are met, you have a statutory right under the Leasehold Reform Act 1967 to purchase the freehold of your house or to extend the lease for an additional 50 years. If you own a flat, and the statutory criteria are met, you have a statutory right under the Leasehold Reform, Housing and Urban Development Act 1993 to a statutory lease extension – a lease extension of 90 years on top of your existing term and the ground rent is reduced to one peppercorn per annum (zero).

Whether you own a house or a flat a statutory notice of claim is best practice to start the process of exercising your enfranchisement rights (as outlined above) and to protect your interest in your property as this pauses the landlord’s process of terminating your lease. Your statutory notice needs to be served on your landlord before the two month deadline provided by the landlord’s notice. Therefore, if you have been served with a notice under the provisions of Local Government and Housing Act 1989 offering an Assured Tenancy then it is important that you act immediately to protect your interest in your property.

If your Landlord has served you with a notice to terminate the lease of your property please get in touch we can help.

Linda Ball 
01543 442113


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