My name's Jodie Cuff and I work in our 'sunny' Weymouth office, by the seaside. Lease extensions are a topic we answer many queries on in our Customer handling teams. They are also one of the applications we raise the most requisitions on, so I've written a blog to try and help you avoid the most frequently encountered issues.
Lodgement via e-DRS
It's really important when you're submitting an application via e-DRS to submit it correctly. Using the option for 'lease extension' will make sure that applications are correctly captured against all the necessary title numbers and your priority is protected. Take a look at our online guidance, which covers how to lodge an application for a lease extension via e-DRS.
Fees
The fees on lease extensions can seem a bit confusing. I've separated out the most common types of application to help explain how the fees are assessed.
Lease extension
The fee is payable under Scale 1 on the sum of the premium in the lease/deed added to any rent. A minimum £40 fee is payable if there is no premium and no rent.
The lease extension does not qualify for the reduced fee for e-lodgement.
Lease extension plus transfer
If you are lodging a lease extension along with a transfer the fees will depend on the order of the transactions and how you apply:
Transfer followed by the lease extension
A separate fee will be required for the transfer and our Fee calculator can help you assess the correct fee based on the circumstances.
The transfer does qualify for the reduced fee for e-lodgement.
Lease extension followed by the transfer
- The applicant is the transferee - If you lodge both parts together then only one fee is payable, namely the fee for the lease extension
- The applicant is the transferor - If you lodge both parts together then two fees are payable. One for the lease extension and the other for the transfer which will be reduced if you lodge your application electronically – our Fee calculator can help you calculate the correct fee based on the circumstances.
As the fees are payable by Variable Direct Debit if you quote the wrong fee we cannot debit the correct fee without first obtaining your authority. This means we will often ring you or have to raise a requisition, which then slows down the progress of your application and the registration process in general.
Prescribed clauses
We reject quite a few applications because they don't contain the prescribed clauses so it's important they are incorporated wherever they should apply. If the lease extension is by way of a new lease or if it is a Deed of Variation which contains an expressed surrender or the demise of a new term it must contain the prescribed clauses.
Encumbrances against the existing tenant's title
As a lease extension acts as a surrender and regrant any encumbrances against the existing leasehold title will need to be dealt with. If you don't send us these with your application we will send you a requisition and your application will face delays.
Charge
You will need to lodge a discharge or deed of substituted security for any registered charge. If a deed of substituted security has an MD reference then we will enter any matters contained within the charge otherwise it will need to be accompanied by an RX1 to enter any restriction and/or CH2 to enter any obligation for further advances.
Restriction
Any restrictions must be either cancelled (RX3) or withdrawn (RX4). If you require an equivalent restriction on the new leasehold title then you must apply for it in clause LR13 of the prescribed clauses or use a form RX1. Only restrictions in standard form can be applied for in clause LR13. See Practice guide 19 for the wording of standard form restrictions.
Encumbrances against the landlord's title
As with the registration of any new lease, failure to deal with any encumbrances on the landlord's title may delay the progress of your application. You will often need to supply the consent/certificate for any restrictions that effect on the landlords' title.
If there is a charge without a restriction in the register we can complete your application without their consent but we will make the following note on the leasehold register:
“The title to the lease is, during the subsistence of the charge dated …… in favour of ……. affecting the landlord's title (and, to the extent permitted by law, any charge replacing or varying this charge or any further charge in respect of all or part of the sum secured by this charge), subject to any rights that may have arisen by reason of the absence of chargee's consent, unless the lease is authorised by section 99 of the Law of Property Act 1925.”.
Lodgement of the lease being varied
In many circumstances, we will have a copy of the varied lease in our files. However, there can be times when we may not so if you hold a copy then it is recommended that you lodge it to avoid delays. Remember when the old lease was unregistered we will not hold a copy and you will always need to supply one.
New lease subject to the existing lease
Sometimes, after a registration has been completed, we get queries about why we haven't closed an existing leasehold title. The reason is that if a new lease contains a specific declaration that it is 'subject' to the existing lease then the automatic surrender will not take place and we cannot close the title. The lease is then registered as concurrent. This does not apply where the extension is contained in a deed of variation.
For guidance on all aspects of the extension of leases see Practice guide 28. Practice guide 27 covers those made under leasehold reform legislation.
214 comments
Comment by Marta posted on
Hi Jodie,
Thank you for your blog, I have a question!
Can I extend my lease without a solicitor, having in mind that the freeholder has his solicitor?
Could you reply through my email please?
Much appreciated,
Thanks,
Marta
Comment by adamh posted on
Marta - you can extend your lease without using a solicitor although we would recommend that you do use one. If your property is mortgaged then your lender would need to be involved as well and they are likely to insist on your using a solicitor also
Comment by ANDREW posted on
I agreed a lease extension with a solicitor who represented the Freholder.
Before it was completed the freeholder died and left the freehold to a Charity. The charity are not interested in continuing, even if they have a moral obligation, so they want 78,000, I can't afford it, but it goes up every year, so Im forced to sell, any ideas?
Comment by AdamH posted on
Andrew - it’s legal advice you need here and we can’t give you that. If you are looking for wider online advice then try forums, not blogs like this one, such as Money Saving Expert but if it’s all about contractual agreements and the law then it’s definitely legal advice you need
Comment by Dave posted on
Hi
This blog is very helpful as I intend to try without using a solicitor
How long does it take to extend a lease by Deed of Variation where there is no mortgage and the freehold is owned by the leaseholder ?
Thanks
Comment by ianflowers posted on
Hi. I am afraid it's not possible to give a definitive time for any type of application as it depends on whether it is in order and we can only be more certain of what's involved once the application is received and we've had a chance to consider all the papers. As a guide, please see our service standards under 'New Titles - speed of service' - https://www.gov.uk/government/organisations/land-registry/about-our-services .
Comment by Carmelo posted on
Hi
I have bought a flat in 2007 with a lease due to expire in 2052. At the time the vendor extended the lease to another 99 years prior to the sale.
Now I am trying to re mortgage with another lender and I discovered,looking in the HM land registry, that the lease still stands to expire in 2052.
I have recovered from the seller the letter of his solicitor reporting the lease extension money paid.
So why the lease extension does not appear in the HM land registry ?
What I should do to have this extension registered ?
Who was responsible to do that ?
Thanks
Carmelo
Comment by AdamH posted on
Carmelo - if the lease was extended then we would need an application to register it. I assume none was submitted. Our Practice Guide explains how lease extensions can be registered https://www.gov.uk/government/publications/extension-of-leases
Who was responsible all depends at what point your own solicitor completed on the purchase. Did they ask the seller to extend the lease before buying or did they agree to register both but for some reason did not? I would suggestt going back to them and asking although 10 years on they may not have any record but should be able to assist by making some enquiries for example
Comment by Jo posted on
Hi there
I have just discovered I have the same problem as you. My lease was extended by 90 years in 2011. I am in the process of selling my flat now and have just found out that my solicitor never registered the new lease with the land registry. I have proof of payment and all the emails relating to the transaction.
Please can you let me know if/how you got this resolved in the end?
I am using different solicitors for the sale of my flat now, so may need to go back to the solicitor that extended the lease in 2011.
I am extremely worried that this will cause huge delays, resulting in my buyers pulling out and me losing my inward purchase. I would be very grateful to hear about your experience in this matter.
Many thanks
Jo
Comment by AdamH posted on
Jo - whilst previous posters may comment further it is very rare as this is a Blog rather than an online forum. The key from a registration aspect is that once the application is submitted then the solicitor needs to submit documentary evidence of the confirmed purchase and ask us to expedite. But iot reads as if you have wider issues to resolve first before you can submit and your solicitor is best placed to deal with those as you already appreciate
Comment by babul posted on
Hi
I have agreed to a lease premium with my landlord for lease extension, I have a charge over the property with Halifax. there is no other restriction only the mention of the charge.
Do I need consent from my lender before completing the lease or I can complete without letting my lender know. The landlord referred me to section 58 of Leasehold Reform act stating that i do not need to get consent as the new lease will be automatically noted and carry the excisteh charge.
Please confirm if this is true so I can complete the lease extension and sell the property. I dont want to complete and get stuck later
Regards
Ahmed
Comment by AdamH posted on
Babul - from a registration perspective if there is no restriction on the title requiring the lender's consent then we would not require it. However there are two things to also consider. The first being the terms of your mortgage may most likely include a need to contact and confirm with the lender any changes being made to the lease. And secondly, and crucially, any extension of the term is in effect a surrender and regrant of the lease. As such a new leasehold title will be created so you will either need the lender to discharge the old charge and you then execute a new one or, and this is the normal route, obtain a Deed of Substituted Security form your lender. That Deed effectively switches the mortgage to the new extended leasehold title. We can't register the extension without the discharge or deed as mentioned as their legal charge prevents the surrender otherwise
Comment by Hannah Mackinlay posted on
Adam, as regards your comment on 26 May which said "As such a new leasehold title will be created so you will either need the lender to discharge the old charge and you then execute a new one or, and this is the normal route, obtain a Deed of Substituted Security form your lender. That Deed effectively switches the mortgage to the new extended leasehold title. We can't register the extension without the discharge or deed as mentioned as their legal charge prevents the surrender otherwise" can you clarify why you say this as this isn't what s.58(4) of the Act actually says.
It says "(4)Where the existing lease is, immediately before its surrender on the grant of a lease under section 56, subject to any mortgage, the new lease shall take effect subject to the mortgage in substitution for the existing lease; and the terms of the mortgage, as set out in the instrument creating or evidencing it, shall accordingly apply in relation to the new lease in like manner as they applied in relation to the existing lease."
Also if you look at established books on the subject such as p.193 of Leasehold Enfranchisement by Harrison it also confirms that where the existing lease is subject to any mortgage, the new lease shall take effect subject to the mortgage in substitution for the existing lease; and the terms of the mortgage shall apply in relation to the new lease in a like manner as they applied to the existing lease".
Now I know that often people do deal with it by discharge and fresh charge or deed of substituted security but this just isn't necessary. I often find people dealing with this work don't appreciate the complexity, nor the catastrophic effects on value if they get it wrong, and I feel that a specialist solicitor should always be used.
I give lectures on this subject and I want to know whether LR has taken a policy decision here not to apply the Act's terms? This would be extraordinary.
Comment by AdamH posted on
Hanna - when an application is made to register a 'new' lease which is in effect an extension of the old one and taking immediate effect it acts to surrender by operation of law the lease already registered. If the leasehold title is subject to a registered charge we will require either evidence of discharge in respect of the charge or a deed of substituted security in relation to the charge.
That has long been a registration requirement and in my experience most lenders ask borrowers to complete a deed of substituted security in such cases.
If for some reason no discharge or deed of substituted security is provided we may consider completing the application subject to the existing lease but this is in my experience a rare occurrence. Babul was commenting that the landlord was stating that the lender's consent was not required so my reply was aimed at directing him/her to contact their lender to discus base don the terms of their mortgage and preparing the ground for a discussion around a deed of substituted security as the most likely outcome. In hindsight that may have been all that was required and it will be interesting to see if Babul comments further although they may have now completed the matter
Our PG 28 covers our guidance on lease extensions and specifically refers to the discharge/deed of substituted security aspect https://www.gov.uk/government/publications/extension-of-leases/practice-guide-28-extension-of-leases#deeds-substituted
Comment by Rick posted on
H Jodie
I have been granted an extended lease by the freeholder (same start date). I was not represented by a solicitor. The solicitor for the freeholder has sent me the new lease and told me I need to register it with the Land Registry. Can I do this on-line? If not, is form AP1 the correct form to use?
Comment by ianflowers posted on
Rick - I'm responding as Jodie is currently unavailable. Currently, there is not an online service for these applications submitted by the public so you will need to submit it by post to the address shown here: https://www.gov.uk/guidance/hm-land-registry-address-for-applications. If your landlord's title is registered with us (it usually will be) then use form AP1. The new lease will normally be in the form a deed of variation of the existing lease which takes effect as a surrender of that existing lease and a grant of a new lease.
You also need to consider the points in the blog, e.g. considering encumbrances on the existing leasehold title such as a mortgage. Also our Practice Guide relating to the determination of leases - https://www.gov.uk/government/publications/leases-determination/practice-guide-26-leases-determination#determination-surrender-deed . The guide is written for legal professionals who generally lodge this type application and may therefore contain some unfamiliar terms.
If you are unsure how to proceed, you may want to consider taking independent advice, for example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by M Dodds posted on
Ian - good afternoon. I am in the process of obtaining a lease extension from 99 to 999 years for my flat and parking space which are mortgage free. The Freehold title for both lies with a small company consisting of all 23 leaseholders, of which I am the voluntary Chairman. With the remaining term down to 80 years or so, we have recently granted 4 extensions without valuation or fee to the freeholder (ourselves); as such the time seems right to extend my own lease and given the circumstances I am not anticipating any issues on that front. I propose that my "new" leases will be in the same format as the others i.e. a short document singed by myself, a representative of the board and witnessed by the company secretary, and setting out the existing titles/address/new term/rent(peppercorn) etc as well as the request for the landlord to grant the extension to the Tenant under the same terms,exceptions and reservations as before. Once signed, I had hoped to register the new lease using e-DRS, however noting your comments above, it would seem that option is not available to me and instead I am required to complete form AP1. Having done so, can you advise if I need attach the new lease together with form ID1 for identification, or do I attempt to incorporate prescribed clauses in the AP1 format? Re the fee; the property/parking space is valued at circa £400,000. As there are essentially two leases, I am unsure as to whether the fee is £40 or 2 x £40. As you can see, what seemed to be a simple process is raising more than a few queries. Although I live 100 miles away, would it be acceptable to make an appointment, bring the relevant documents with me and complete the registration/transaction in person? Thank you, I am most grateful.
Comment by ianflowers posted on
Hello. I note you have already exchanged email correspondence with us in relation to this transaction(s) and so it would best to continue that correspondence if you have any further queries as wouldn't go into such detail on this forum. I would be mindful though that we can only give procedural advice, for example, on completing our forms. We cannot advise on legal issues such as the format and content of the lease extension. If you are unsure how to proceed, it would be worth considering seeking independent legal advice although there is no obligation for you to do so. Also bear in mind that where any of the parties involved are not legally represented, they will need to have their identity verified either in form ID1 or ID2 (if a corporate body). If verification by HM Land Registry required, those parties will need to attend in person together and at the same time the application is lodged for registration.
That said, there shouldn't be any need to attend in person, unless ID verification is required for any of the parties involved as mentioned. We would be able to accept the application (if in order) if you visited in person, but we wouldn't be able complete the registration whilst you are in attendance. At the appropriate time, you can ring our Customer Support Centre on 0300 006 0411 to discuss arranging an appointment.
As to our fees, please see our guidance: https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#leases (you'll need to scroll down to the leases section). Again, it's probably best to wait until you have addressed all the aspects before checking the fees payable but as to scale fees, these are payable on each transaction / lease.
Comment by Samira Noor posted on
Hi,
I wanted to know how long it takes once my solicitor has made on line application for registering lease application? I am asking as I have a deadline for remortgage which depends on the lease extension being registered first.
Many thanks
Comment by AdamH posted on
Samira - the current average is 58 working days. If your mortgage offer is time-sensitive then your solicitor should submit those details along with a request for us to consider expediting their application
Comment by C W Siu posted on
Hi Jodie
I would like to register my new lease extension online. Do I have to apply for access via this:-
"Apply for HM Land Registry Business e-services" and setup VDD.
Thanks for your attention
CW
Comment by ianflowers posted on
Hi. I am responding as Jodie is currently unavailable.
If you are not acting in a business capacity and do not intend to lodge applications with us on a regular basis, we would not be able to accept an application from you for Business e-services. Any registration application would need to be made in paper form.
As well as Jodie's blog, our Practice Guide 28 may also be of interest - https://www.gov.uk/government/publications/extension-of-leases . Please note that the guide has been written for legal professionals who lodge the majority of these applications and it may therefore contain some unfamiliar terms.
Comment by Beth W posted on
Hi there,
We are extending our lease and selling our property at the same time. The sale is dependant on the registration of the lease. My solicitor is going to ask if our application ca be expedited, if accepted how long will registration take? Our sale is very time sensitive and we have missed one deadline for exchange as it is.
Many thanks
Beth
Comment by AdamH posted on
Beth - if we are able to expedite it then it is normally considered within 10 working days. Everything really depends on what other applications may be in play re the freehold title for example and then whether what has been submitted is in order
Comment by Izabella posted on
Hello Jodie, Ian, Adam - can you help please ....
My brother bought an eight-year old Wimpey- built flat two years ago, no mortgage, and is now finding it difficult to sell because his leasehold annual fee agreement doubles every ten years. It started at £250 pa for first ten years and has now increased to £500pa for the next ten years, and then will double to £1000 pa for ten years from 2028 etc.
Prospective buyers are put off by this arrangement so my brother has begun to look into the following options and has come to a dead end:
a) obtaining / paying for a Deed of Variation collectively with other flat owners in the block to secure their individual freehold - they have been told a collective purchase sum of £200,000!
b) Deed of Variation to change the rolling ten year doubling amount to an arrangement fixed to annual RPI increase - making it much cheaper and reasonable.
c) I have just heard of a Statutory 90 day extension which allows for the purchase of the Freehold?? I don't know how this works.
The builders, Wimpey, have agreed the more favourable option b) with first purchasers who bought the flats directly from them, but not with second purchasers etc. Should this favourable option be open to second purchasers like my brother?
I am sorry this is a long question but we really don't know where to go and how to proceed with this minefield affecting so many people, so any help, contact or advice would really be appreciated as this is such a complex subject.
Thank you very much for your reply
Izabella
Comment by AdamH posted on
Izabella - very much something you will need to get legal advice on. We register the end result, namely any variation of your leases or a purchase of the freehold but we can't assist with choosing which option or advising on what rights you or the freeholder may have
Comment by Brogan Percy posted on
Hi Izabella
I am in the exact same position as your brother, could I ask what the outcome was please?
Many thanks
Comment by Andreas posted on
hi, I am extending my lease under the statutory route and have been provided a new 215 year lease to be registered (surrender and re-grant). Can this not be done by way of a deed of variation (instead of cancelling and re-issuing a lease) and does the lease premium have to be noted at Land Registry? Thanks
Comment by AdamH posted on
Andrea - any variation of the term will trigger a surrender and re grant so in essence you have a new lease each time. The price paid will be added to the register as per current government requirements.
Comment by Hanna Varabyova posted on
Hi,
A quick question - our vendors have extented the lease which will be in place on completion. The lanlord and the vendors solicitors refuse to help us with requisions in case they will be raised whill causes a concern for our solicitors. Who is right in this situation? Is there a way to get it registered anyway?
Thanks.
Hanna
Comment by AdamH posted on
Hanna - a question only your own conveyancer can answer as an undertaking to assist the buyer with any issues that may arise re the seller's title is normally expected/provided. If everything is in order then their help may not be needed but.....you won;t know until you complete and lodge the application
Comment by Hanna Varabyova posted on
Hi Adam,
If the requisition will arise, is still possible to deal with it/register lease without vendors solicitors or landlord?
Many thanks.
Hanna
Comment by AdamH posted on
Hanna - much will depend on what the requisition is for. If is for something which only they can supply then you may have a problem
Comment by ianflowers posted on
Hi, I'm replying as Adam is currently unavailable. We essentially have an administrative role in registering interests in land based on the applications made to us. If an application is not in order, we will need to raise a requisition with the solicitors or other party who has lodged the application. As to how the requisition is complied with, that is a matter that needs to be resolved between the parties involved. Where a requisition is raised and this is not complied with, then the application is at risk of cancellation. In that event, the transaction in question will not be completed by registration.
I am sorry we cannot be of more assistance, but it is really a question of considering getting further legal advice if you're unsure how to proceed. Also, the Leasehold Advisory Service - https://www.lease-advice.org/ may also be of help here.
Comment by Hanna Varabyova posted on
Thanks, Adam.
Is there a way to enforce the landlord to provide the requested information in case of requisitions raised (any legislation, via court, etc)?
Comment by edmund posted on
many useful comments
Comment by Chalkie posted on
Hi - We have changed ownership of a flat from my husbands name into mine and my husband as tenants in common. The land registry has been changed but we just found out the lease remains in his name only. We wish to issue a section 42 in order extend the lease, will we have any issues doing this if I am not on the lease but am on the land registry?
Comment by ianflowers posted on
Hi. When a leasehold property changes ownership, it is the B: Proprietorship register that is updated rather than the original lease parties shown in the A: Property register or the lease document itself. So provided the title register shows the correct position, this should be in order to began the process of extending the lease. The leasehold advisory service may also be of assistance to you in this respect - https://www.lease-advice.org/ .
Comment by Nick posted on
How long does it take for a lease extension title to be updated. My solicitor has submitted the necessary paperwork (so I assume everything has been done correctly). My new mortgage lender would like to know when this will be shown. Typically how long would you expect this process assuming everything is in order? Is it possible for me check the progress myself?
Thanks
Comment by AdamH posted on
Nick - the average timescale is around 60 working days. Your conveyancer can check on progress through their business e-services account but if it was submitted Oct/Nov then as yet I would not expect it to have been considered.
Comment by Samson posted on
Hi: I have a share of the freehold and I am extending my lease free of charge / premium since I have a share of the freehold. I have all the required documents as requested. How long can such a lease extension take and any things I need to watch out for?
Comment by AdamH posted on
Samson- the average timescale between receipt and consideration of such an application is around 60 working days currently. We can't advise you on the conveyancing/legal process so you may wish to seek legal advice or visit the Leasehold Advisory Service website for example
Comment by Samson posted on
Hi AdamH: Thank you so much for this. One of the freeholders is overseas. Can you advise what type of proof of ID and proof of address would be required in this scenario?
Comment by AdamH posted on
Samson - see our PG section 8.6 for details of our requirements re someone living overseas https://www.gov.uk/government/publications/evidence-of-identity-conveyancers/practice-guide-67-evidence-of-identity-conveyancers#completion-of-form-id1-and-form-id2
Comment by Samson posted on
Hi AdamH: Thank you Sir for the prompt reply. Sincerely it as it helps me a lot. Section 8.6 is very clear and good so thank you - I'm just a civilian in these matters so always try to get good advice as possible. I have been able to obtain a solicitor certified photocopy of this overseas freeholder's Passport as requested. My own solicitor here in UK has certified and confirmed it as well and has submitted the lease extension application. I look forward to obtaining my new lease soon. Best wishes.
Comment by Samson posted on
Hi AdamH: My solicitor informs me that they have a "awaiting confirmation" status on the e-DRS or the portal for submitting and tracking lease extensions. Could you advise me on what that status means? Thanks in advance.
Comment by AdamH posted on
Samson - can you confirm the title number/reference please?
Comment by Samson posted on
Thanks, AdamH. What would be the best email address to reach yourselves on? My apologies to ask a simple question. Best wishes.
Comment by AdamH posted on
Samson - you can raise the enquiry using our online contact form and the support team will consider and respond by email https://help.landregistry.gov.uk/app/contactus_general/?utm_medium=newsletter&utm_source=govuk&utm_campaign=death_contact_page_to_contact_form&utm_content=web_page
Comment by CD posted on
Hi,
I need to extend my lease and also change my name. What's the best way to go about this? Do I extend the lease in my new name first and then inform the land registry of both the change in name and the lease extension? I do not have a mortgage.
Thanks
Comment by AdamH posted on
CD - the order does not matter from a registration perspective. However if you do the extension first then you would do so in your current and registered name. If you change your name first then the extension should be done in that name and when registered the required evidence submitted to confirm the name change
Comment by Michael F posted on
Is it mandatory to re-register a title with the land registry if your lease is extended (ie new lease), but the ownership is the same? Thanks.
Comment by AdamH posted on
Michael - it is not mandatory but failing to do so leaves your new lease unprotected re it's new term and ownership
Comment by Michael F posted on
Thanks, Adam. What does 'unprotected' mean? If we were selling the property, we have the official copy of the lease extension, it's just that our solicitor evidently forgot to register and update the new lease with the land registry five years ago. The register is dated six months earlier when we purchased the property. Best
Comment by AdamH posted on
Michael - nobody knows you have a new lease so would work on the basis of the existing one. That will cause you issues with any lending and you risk the landlord being able to act based on the old and not the new for example in the future.
Comment by Sian posted on
Hi,
My solicitor organised a lease extention which was in the process of being registered on the 8th October 2018. I can see that it still has not been registered on the title and have not had a response from my solicitors in over a month. Is this timing usual for a lease extention, is there a way that i can check on progress myself as my solicitor is so unresponsive?
Comment by ianflowers posted on
Sian - Hi. The current average complete time for this type of application is 59 working days. Some applications may take longer, particularly if the application is not in order and we need to raise a query with the solicitors acting.
Your solicitors are best placed to check progress as they can do this via online business channels. But you can contact us directly to check using our contact form - https://bit.ly/2F6AtxU .
Comment by Rois Ali posted on
Hi,
I'm in the process of purchasing a flat which has a total of 164 years on the lease however, the total number of years is registered concurrently on two title registers as an 'under lease' and a 'headlease'. I will be purchasing both titles under the same ownership (myself) but the sellers solicitor is adamant that they won't extinguish the under lease before completion. They seem to think it's not an issue having the leases running concurrently.
My concern is that the lender may not apply a charge on both titles simultaneously and therefore, I would effectively be left with an underlease which has 74 years remaining and a headlease with 90 years and may pose issues with lenders when the unnderlease drops below 70 years. Also, may put off prospective buyers in the future.
Can the titles be merged on completion so there is only one title with a total of 164 years on completion?
Can the under lease be extinguished easily on completion?
Any advice would be much appreciated.
Comment by AdamH posted on
Rois - if you determined one of the leases then you would be left with just the one and it's term. The merged term would not be added for example. You need to rely on your conveyancer here to understand what options are available to you. If you want a longer single lease then you may need to consider a new one or varying the exiting one for a longer term. Although I assume there is some reason for having the situation you have that mean sit is not an option
Comment by Bryan Metcalfe posted on
My son recently bought a flat - one of two in the building. He has a leasehold on the flat and also the freehold on the building and land (two title deeds). As freeholder, can he extend his leasehold term easily - and does he need to? The other flat has a longer leasehold than his own.
Not sure what the process is, so any guidance much appreciated.
Regards
BryanM
Comment by AdamH posted on
Bryan - we can't advise you on whether he needs to extend the lease or not but from experience one a lease gets below say around 67 years left it can become an issue for mortgage lenders and buyers.
'Ease' is very subjective. To extend the lease you would need the freeholders to enter into a legal deed to extend the term. So he would need the other freeholder to be included. You can often extend the term and keep the other details in place, which in some ways makes it easier but it's something I'd recommend he gets legal advice/assistance with. And if he's got a mortgage then the lender needs to be involved and they will insist on his using a conveyancer
Comment by Bryan posted on
He is sole freeholder and does not have a mortgage - does this make it easier?
Comment by AdamH posted on
Bryan - I suspect not as he's both the freeholder and leaseholder. He'll need legal advice to resolve this and to decide on what options are available to him.
Comment by ChrissieS posted on
Hi. I really hope you can help. The flat I own is one of a block of four. We each own a 25% share of the freehold and each have a lease. I wish to extend my lease. I understand that to complete the land registry process the other three freeholders need to consent, which apparently requires them to go through the verified identification process. They are not co operative and will not comply. 1. How do I get my lease extended or (even sell my property in the future) if they will not co operate. I will be locked into the property unable to sell or remortgage. 2. Is there a straightforward process I can take.
Comment by AdamH posted on
ChrissieS - not something we can advise you on I'm afraid and it is very much legal advice you need. If the freehold is registered in say 4 names then all 4 will need to be involved as and when there is any dealings with the freehold title such as a deed varying the lease or when you sell and need to transfer the freehold from the existing 4 to the new 4. The same will be required of them as and when needed so that is often the leverage needed.
Comment by Lin posted on
Hi, I have seen other people asked the same question as mine: how loñg the extended lease takes to register it? Your answer was around 60days. My solicitor submitted my case in last November and have not got it done yet; can you tell me is it normall? Apart from waiting, what can I do? I am waiting its done so I can sale the property. Thank you very much!
Best Regards,
Lin
Comment by AdamH posted on
Lin - as you already appreciate there is a backlog of this type of work and the delay is unfortunately 'normal'. You can still put the property up for sale and market it but if you get a confirmed buyer and the registration is incomplete then your solicitor can contact us to request expedition and should be aware of the process and requirements
Comment by Emma posted on
If my solicitor requests for my lease extension to be expedited, how long does that normally take?
Comment by AdamH posted on
Emma - once the request has been considered we aim to consider the application within 10 working days
Comment by Antonio Duarte posted on
Hi,
We are in the process of buying a property. There is 88 years left in the lease, and we were thinking on starting the lease extension process now, as the current owner has told us he is happy to give the notice and then transfer it to us. We thought it would be a good idea to do everything now as it would be reaching 80 years soon.
We are going to do a home buyer's survey. We were thinking on doing the lease extension valuation at the same time, but not sure if that would be a good idea, or if that is common practice. Do you have any advice?
Thanks
Comment by AdamH posted on
Antonio - the only advice we can provide is with regards the application to register the transfer of the freehold/superior title https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
It's really legal advice you need here re so we would recommend speaking to/using a conveyancer or trying online forums to see if others can share own experiences/advice
Comment by Patrick posted on
Hello,
I am currently buying a purpose built flat in a house. The seller own the share of freehold but the lease is rather short. The lender for my mortgage has said that I should own or acquire the lease as a condition of the mortgage. How long should it take for HM Land Registry to complete a lease extension from the freeholders if the seller's solicitor request expedition?
Thanks,
Best regards,
Patrick
Comment by AdamH posted on
Patrick - if an application is expedited then it is usually considered within 10 working days. Everything then hinges on it being in order of course
Comment by Jac Williams posted on
Could you settle a minor disagreement. Where a lease extension takes place under the 1993 Act, do we need to put the lender's details in the AP1?
Comment by ianflowers posted on
Jac - if you're referring to an existing charge on the surrendered leasehold title, details of the charge / lender of the charge being transferred would be entered in panels 4 and 10 of the AP1 as referred in section 9.7.1 of our Practice Guide: https://www.gov.uk/government/publications/the-leasehold-reform-legislation
Comment by Bonny posted on
I have applied to my local district council (the freeholder) for a 90 year extension to my lease which has been granted. It is in my name. However, I would like to add my sister to the lease as a tenant in common with equal shares for both of us. I have asked the council if they could add her name to the lease extension when they register the extension but they said I would have to go through a solicitor. Would it be easier for me to let the council register the lease extension first in my name only and then after it has been registered for me to add my sister's name myself?
Comment by AdamH posted on
Bonny - it is possible to do that but we can't really advise you on whether that would be easier or not. However I should stress that a deed extending the lease would not, in my experience, also transfer legal ownership from a sole name to joint names. If a new lease was drawn up in your joint names then that could make the change but a deed of variation of the lease term would not.
Comment by Bonny posted on
Thank you.
Comment by Alan Williams posted on
We have just over 82 years left on our lease and have applied for a 90 year extension. Please could you give us some idea of the Land Registry fees involved.
Thank you
Comment by AdamH posted on
Alan - the registration fee is payable under Scale 1 on any premium + rent https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-1-fees
If there's no premium/rent then it would be the minimum fee normally
Comment by John Williams posted on
Thank you for your swift response, Adam but we are unable to work out the fee with any degree of confidence. The premium we paid for the lease extension was just under £11, 000 so would that be the relevant figure (and with a £40 fee)?
Comment by AdamH posted on
John - most will be £40 as the premium and rent result in a small consideration, namely under the first threshold of £80K
Comment by John Williams posted on
Thank you
Comment by F Khan posted on
Hi,
I purchased a flat. The seller entered in a lease extension with the freeholder at the same time as the sale to me. My solicitor failed submit the lease extension document to the land registry when registering the property in my name. The leasehold title with original term is now in my name with a mortgage registered against. There is no restriction on the title. The lease extension document is in the sellers name. If I submit the lease extension document now will the land registry still complete the registration of the lease extension and update the title?
Comment by AdamH posted on
F Khan - quite possibly but we would not consider it until submitted. You would also require your lender's consent and I would recommend you seek legal advice and/or contact the solicitor who acted for you on the purchase also
Comment by AdamH posted on
Jordan - yes if you give us the details?
Comment by Chioma posted on
Sorry this is just a general enquiry, when a new lease is completed and registered is it stored with the old lease? I am asking as our new only has the information regarding the lease extension and a deletion of a clause.
Comment by AdamH posted on
Chioma - if the old one was registered and the new one relies on it then the register would refer to both. It would also refer to the filing of the old one and if a copy is needed you can apply by post for it. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
Comment by Wendy Ross posted on
Hi
We are currently involved with the purchase of a leasehold flat, for which the vendor is attempting to extend the lease. We agreed to the purchase in April and we are still waiting to hear. We are purchasing this property for our daughter to live in whilst at university and now she is half way through her course. We are told that it can’t be expedited as we are not in desperate need.
We are very patient but wondering how much longer it can possibly be. The application for the lease extension was apparently submitted in March.
We would be grateful for any update on timing as we are considering withdrawing from the purchase.
Please can you advise?
Wendy
Comment by AdamH posted on
Wendy - what's the title number and case reference please? Your conveyancer should have these and should be advising you as to what options you have. We can't advise you on the sale/purchase decisions. What has your conveyancer or the seller advised re the delay to date?
Comment by Wendy Ross posted on
Hi Adam,
As I am the purchaser I was not aware that I am entitled to have details and case numbers for chasing this up as it is the vendor who is sorting the lease extension?
I am not looking for advice about continuing or not with the purchase but merely wondering how much longer we are likely to wait?
Our Conveyancer has said that is down to the vendors solicitors to sort so hence I seem unable to get any further information
Comment by AdamH posted on
Wendy - it’s not about entitlement as the title number and case reference are merely means of tracking an application. The seller’s solicitor and your own should be managing your expectations re your purchase as such applications are part of our current backlog of work.
Lease extensions will often wait 5/6 months after receipt before they are considered and registered. The solicitors should be able to tell you the lodgement date, any progress and possible average timescale. They can do that using the title number and case reference.
Comment by AdamH posted on
Michael - the solicitor should send us a request for expedition along with documentary evidence to confirm the purchase. We would respond within 48hrs to advise whether expedition has been given. If it is then we would normally consider it within 10 working days and if it is in order complete it. So I am unclear as to why 'no news' but if you want to contact us then you can ring the support team on 03000060411 but I'd be interested to know exactly what your solicitor has advised and what the title number/case reference is please?
Comment by Kieran McAlea posted on
Hello, we are in the process of buying 42 Hyde Heath Court RH10 3UQ. The lease was extended in 2016 by deed of variation however this was not registered at the land registry. The landlords solicitors are suggesting they will not entertain a new lease extension that has been drafted and instead they said they intend on us using the original deed of variation along with a covering letter and for this to be submitted to the land registry. Our solicitors seem to think this will be rejected, as this was signed nearly 4 years ago and apparently after 6 months from signing it is no longer valid. Can you confirm this would not be approved, instead of us submitting it and wasting time with it being rejected.
Comment by AdamH posted on
Kieran - I'm afraid not. We would only consider it once submitted. You'll need to rely on your legal advice here as to what is legally binding and what may be required to support a delayed application to register
Comment by Kieran McAlea posted on
Hi Adam. Thanks.
Can you see if an application has now been made?
Comment by AdamH posted on
Kieran - still nothing. As and when they do they should then have a title number and case reference they can quote to you
Comment by Kieran McAlea posted on
Hi Team, are you able to advise any updates on this case? Solicitors are very slow at getting back to us
Comment by ianflowers posted on
Keiran - I can confirm that we have raised a point with the solicitors acting (on 26 October) which will need to be resolved before the case can proceed. Once complied with we will normally be in a position to complete the application.
Comment by Kieran McAlea posted on
Hi Team,
Has this now been received? If so - what timescale would you expect for this to be lodged?
Comment by AdamH posted on
Kieran - they replied on 5th and the application is being considered again in light of that reply. That should happen in next 48grs
Comment by Kieran McAlea posted on
Hi - can you see if this has been completed?
Comment by AdamH posted on
Kieran - it is still pending
Comment by Kieran McAlea posted on
We still haven’t had a response from this and this is the only thing we are waiting on in order to compete our purchase. Are you able to get an update and stress the urgency and importance of this? I appreciate your help.
Comment by AdamH posted on
Kieran - it looks like it has now been completed
Comment by Autumn posted on
Do I need consent from the landlord to extend my lease as we are all share of freeholders?
Comment by AdamH posted on
Autumn - you'll need to look at the terms of the lease and comply with any restrictions that might be on the register. A variation of a lease will normally require the involvement of the superior title holder and the consent of your mortgage lender but I'd recommend seeking legal advice to ensure you are complying with any legal requirements
Comment by AKai posted on
Is there any public website where the actual premiums paid are shown for each property similar to HM Land Registry Open Data for the purchase price? Would help tremendously in the lease extension process. Many thanks for your answer!
Comment by AdamH posted on
AKai - there is not
Comment by AKai posted on
What a pity!
Many thanks for your swift response anyway.
Regards
Comment by Helen posted on
Hi I have been approached by a lease extension company (along with other people near me who also ned their leases extending) to help extend my lease. How can I check if this company is legitimate?
many thanks
Comment by ianflowers posted on
Hi. We essentially have an administrative role in registering transactions once they have been completed, so can't advise you, I'm afraid. The Leasehold Advisory Service may be of assistance here: https://www.lease-advice.org/ or you might consider getting independent advice, for example, from Citizen's Advice of from a legal professional such as a solicitor.
Comment by Kyla posted on
Can I have an update or completion date for a lease registration please for SYK103676?
Comment by AdamH posted on
Kyla - that's a freehold title against which there are pending new leases. What did your conveyancer advise and do you have the allocated title number or the postal address please?
Comment by Kyla posted on
Sorry the title is SYK113602
Comment by AdamH posted on
Kyla - many thanks but it is waiting to be fully processed. The solicitor has also been in touch and it has been expedited but you will need to rely on them to keep you updated as to progress as they can monitor it online.
Looking at the case record a survey was required but as yet we have not received the surveyor's report. As soon as that is in the application should proceed
Comment by Kyla posted on
Hi, is there anymore update for title SYK103676 please?
Comment by AdamH posted on
Kyla - you've quoted the original title again but I think you mean a different one. If so then the pending application (12 Sandy Acres Drive) was completed earlier today
Comment by Kyla posted on
Hi, thanks for your quick reply. Does this mean that the lease extension is complete?
Comment by AdamH posted on
Kyla - the application to register the new lease (as extended) is now complete
Comment by Kyla posted on
Thats brilliant news. Can you tell me if the documents have been sent to my solicitors as they are saying they haven't received them yet.
Comment by AdamH posted on
Kyla - the application we had was submitted electronically so the completed details will have been returned to them electronically as well on 29th October. No 12 is registered under SYK675810 and the application was submitted by a firm called Coates from Mosborough. I assume that is the property and solicitor you are referring to here
Comment by Ella posted on
Hi
I completed on a deed of variation on lease back in 2006 and it was never registered at the land registry. Is there a deadline for that or can I simply register it now?
Comment by AdamH posted on
Ella - there is no deadline but when applying you would need to explain why it was not registered at the time
Comment by Sian posted on
Hi,
I submitted a lease extension in February this year and have had no response from my solicitor when chasing for an update. Are you able to please check that this is still progressing or give any idea of when completion may be?
The title number is SGL430261
The reference no i have been given by the solicitor is is NB7E992
Thank you
Comment by AdamH posted on
Sian - it was completed at the end of July
Comment by Sian posted on
Great news, thank you Adam
Comment by paigeh posted on
Hello,
I am in the process of selling my flat with the agreement I will extend the lease to 99 years on completion. I have agreed a fee with the freeholder and signed the new lease documents, we are due to exchange and complete complete next week and my buyers solicitor has now asked us to confirm the lease will be registered with the land registry before completion - I understand due to the time this would take that its not possible if we were to still complete next week. My solicitor has said that this is not possible to which the buyers solicitor has asked us to speak with Land Registry to see if it would be possible to get it hurried up and registered before completion. Would this be possible? Is there any way of getting this prioritised and hurried up? The people we are buying from have said if this is not completed within the next 3 weeks they will pull out, meaning we may have to pull out as well.
Am I right in thinking that it is normally the buyers solicitor that registers the new lease when they buy the property?
What kind of issues can arise from the buyers solicitor registering the new lease after completion?
I am also using the money from the sale to extend the lease, so if my solicitor was to register the lease extension in my name first would I need to pay the lease extension fee upfront before we complete?
Would appreciate any advice you can give!
Thank you
Comment by AdamH posted on
Paige - whoever lodges it can ask us to expedite it. The solicitor should know the drill and what’s required, namely documentary evidence to confirm sale/purchase in place
Whether it’s done before or after sale is up to those involved. Many buyers and their lenders will ask it to be registered first
Two applications would attract two registration fees
You need to be relying on your solicitor here though
Comment by Paige posted on
Hi Adam, thanks for getting back to me.
Ok that’s good to know- do you think it would be possible to complete within 3ish weeks? And would I be required to pay for the lease extension upfront to take this route?
Also, how much is the cost of a registration fee?
Thanks!
Comment by AdamH posted on
Paige - possible but very tight as it sounds as if they have yet to lodge it.
No idea if you have to pay upfront for the extension as we are not involved in that aspect
The registration fee is usually £40 by post but your solicitor can check/confirm depending on what you pay the freeholder
Comment by David Barrington posted on
I am currently buying a leasehold property. The property is jointly owned: Person A and Person B. Person B is a registered bankrupt. There is a restriction registered in favour of Company X in the register. My understanding is these restrictions do not fall away automatically on completion of sale.
I have read online the responsibility for removing the restriction is with whoever placed the charge on the property.
Am I correct in thinking the process is usually that the buyer's solicitor asks the seller's solicitor for a “solicitor's undertaking” (ie a promise between professionals) that the loan will be paid off and the restriction removed using the sales proceeds once the buyer has paid.
On completion, the seller's solicitor receives the buyer's money and sends the appropriate amount to the bank, who remove the charge.
Q1. Will I require from the seller’s solicitor either an RX3/RX4 (whichever is applicable) to be handed over on completion duly signed, along with the required certificate signed to confirm that written notice of the disposition has been given (with a further note, we will not as Applicant's for registration sign any certificate ourselves.)
Q2. Is it correct to insist on the seller’s solicitor to provide an undertaking to discharge their clients' liability and to forward to us the appropriate discharge documentation on or before completion?
There is a further restriction registered in favour of Company Y (the Trustee in Bankruptcy of Person B) in the register.
Q3. Again, will I require from the seller's solicitor an RX3/RX4 (whichever is applicable) to be handed over on completion duly signed, along with the required certificate signed to confirm that written notice of the disposition has been given (with a further note, we will not as Applicant's for registration sign any certificate ourselves).
Q4. Is it correct to insist on the seller’s solicitor to provide an undertaking to discharge their clients' liability and forward to us the appropriate discharge documentation on or before completion?
Many thanks for any explanation, pointers or direction as to how (as the buyer) I'm to proceed.
Comment by AdamH posted on
David - we can’t advise you on what undertakings (if any) you require or indeed when and how to complete. It’s legal advice you need.
Our PGs 34 and 19 on personal insolvency and third party interests explain how restrictions can be cancelled (RX3) or withdrawn (RX4) as appropriate.
https://www.gov.uk/topic/land-registration/practice-guides
Comment by Ade posted on
Hi,
Great site and info - thank you for providing it as a useful resource.
I wonder if you could tell me, not exactly just approximately, how long it would take for an extension to be processed on a lease?
At present I am dealing with a solicitor who has taken over two years to sort out the lease and get it extended with the Land Registry.
The solicitor has said that the delay is at the Land Registry.
Could it really take that long (2 years) to have an lease extension to be processed?
Many thanks.
Comment by AdamH posted on
Ade - no re 2 years to register but we do have a backlog of this type of work so the delay could be 6/7 months for example between receipt by us and registration. Your solicitor should be able to confirm the title number and case reference as well as confirm the date that it was submitted. If that was within the last 6 months for example then it is likely to still be with us waiting to be processed. It does however have priority so the lease extension/ownership is protected.
Comment by Adrian Winter posted on
Hi AdamH,
Many thanks for your reply and very interesting to read.
I have obtained the following details from the solicitor:
1. The Title Number used on the application is TGL225262.
2. Date of submission was 29 August 2019.
3. Land Registry Ref. No. NB81E96
I aware that she had to re-write the lease documents. She started this process is August 2016, so to be honest I am not entirely convinced that the date of submission was 29 August 2019. Could she really have taken 3 years to re-write the leases, do the appropriate paperwork etc even if there were seven leases to do, that is still a long time!
Is there a way to confirm to me the above details?
I would be most grateful for any information I can get at this point as this process has been very frustrating and at 3 1/2 years long I really would like to wrap it up and it seems to me like it will never be completed.
Many thanks in advance.
Comment by AdamH posted on
Adrian - there was an application against that title submitted on 29th August but it was cancelled on 9th October as we received no response to an initial request for more details in early September. As yet the application has not been resubmitted.
Comment by Ade posted on
Hi AdamH,
Thank you very much for your response.
I have gone back to the solicitor to request an explanation of why this is the case.
Thank you very much for your assistance with this.
Adrian
Comment by Ade posted on
Hi AdamH,
Is it possible to get an update on the case reference number TGL540976/NB84130 (as above) as I have contacted my solicitor again, but they have given me no response.
Do you know if it has progressed?
Many thanks,
Ade
Comment by ianflowers posted on
Ade - Hi, I'm replying as Adam is unavailable. As Adam mentioned, the case was received on 21 January but currently this type of application is taking on average 117 working days to complete.
Comment by Ade posted on
Hi Ian,
Many thanks for your reply, and that is very good to know.
So, it is with you and going the process now, which will take approx.3-4 months.
Many thanks for the information.
All the best.
Comment by Akash posted on
Hi AdamH,
I am buying leasehold flat in which the lease was extended by 99 years. The vendor's solicitors have provided me the lease extension document, however, they're unable to provide me the original lease. The reference to original lease is made in the lease extension document, however, the solicitor can't find this on land registry.
Pls could you advise if this is concerning? Sorry it's a bit urgent as we plan to exchange next week.
Many thanks for your help.
Best Regards,
Akash
Comment by AdamH posted on
Akash - so the register states we don’t have a copy of the original lease? If so then you should try the landLord/freeholder as you’d need to know what’s in it. Definitely something to disciples and resolve with your conveyancer
Comment by Akash posted on
As per the new lease document, there's 128 years remainining on the lease after extension. It also refers to Leasehold act in 1993, which states that the 'head' lease is now demised. I can copy the exact lines if that helps.
Thanks very much, Adam. Really appreciate it.
Comment by Akash posted on
Hello Adam,
Here's what mentioned on the lease that probably means that head lease is not valid anymore?
For the purposes of Paragraph 10 of Schedule 11 in relation to the Demised Premises there shall be deemed to have a surrender of the Head Lease immediately prior to the grant of this Lease and a regrant of the head lease immediately after the grant of this Lease (subject to and with benefit of the lease) and subject hereto the Head Lease shall remain in full force and effect.
For the avoidance of doubt until the expiration or sooner determination of the Head Lease the Head Lessee shall have the benefit of the rights and the burden of the liabilities of the Landlord under this Lease subject to the terms of the Head lease.
Thanks
Akash
Comment by AdamH posted on
Akash - unsure of your further posts on this. You need to discuss and rely on your legal advice here. Do read the paragraphs referred to as often a deed of variation of a lease varies the term and leaves all the other conditions in place. So the new deed acts as a surrender and regrant of the old lease but for a longer term. Good luck
Comment by Alan posted on
Hi, I have to have a lease extension , and my lender wishes to have the deed approved before releasing any monies, how long does this normally take please. My landlord has requested statutory route.
Comment by AdamH posted on
Alan - several weeks/months at present. If there’s an urgency then speak to your solicitor about expediting it
https://www.gov.uk/government/news/coronavirus-covid-19-impact-on-our-services
Comment by Alan posted on
Thanks Adam, am I correct in thinking that if the landlord agrees, (presumably by email)that would be the deed approved, that would then satisfy my lender?
Comment by AdamH posted on
Alan - if the lease is being extended then you’ll need a legal deed between the landlord and tenant to achieve that. So by being a party to it that’s the required consent. Neither can extend it on their own
Comment by KevinB posted on
We purchased a share of freehold flat, the building has two flats and both owners have share of freehold.
The other flat was sold two years ago and at this time we agreed with the previous owner to extended the leases for 999 years.
It looks like the application for this lease extension was only submitted for the other flat and we didn't submit ours.
What would happen if we submitted this now as the details in their extension application would be incorrect as now the new Freeholders are on a new title deeds and all or ducumentation is signed by the old freeholder. Would we need to get the new freeholder to agree to the lease extension? The issue we have is we do not see eye to eye with the new Freeholders and we are fearfull they will want to charge us for the extension
Comment by AdamH posted on
KevinB - you can apply to register and explain why it didn’t happen at the time. We would need the consent of the current freeholders so if that wasn’t supplied then we’d most likely ask for it or contact them direct. So ultimately it’s most likely a legal issue as to whether they can object rather than withhold their consent. Slight nuance but worth speaking to your solicitor about fir legal advice and best way to approach matters
Comment by KevinB posted on
Thank you for this information, so there is no way I can have this approved without the new owners consent even though the previous owner signed this?
I wanted to try and avoid legal intervention.
Comment by AdamH posted on
KevinB - that’s not quite what i said as we may decide that it can be registered without their consent but we would not make that decision until an application was lodged, considered and wider checks carried out.
I’m sure you can appreciate why ideally their consent should be asked for/provided. Whether it’s legally required is where your legal advice must come in.
The registration process would ask for it but it’s the legal position that counts as to whether it’s needed and that would depend very much in the specifics involved
Comment by KevinB posted on
Thanks for the clarification, so the sooner I get this in the better! I'm currently not in the country with access to the documents, would this situation become worst if I'm further delayed submitting this?
Comment by AdamH posted on
KevinB - from a registration perspective, no. A delay is a delay so complications tend to set in if more changes occur in the further delay period
Comment by JCA posted on
I am one of six leaseholders (I am the only owner-occupier) in a property. I have discovered that our new freeholder seems to be creating new leases as a leaseholder sells their property, instead of lease extensions. I found this out after spotting a flat in my house being advertised for sale with a 'new lease for 99 years from October 2020'. According to my Lease dated in the early 1990s, I pay a one-sixth share of service service. Presumably, if another leaseholder soon has a different Lease in the same property, with a different Landlord, this is a disaster beyond comprehension.
Comment by AdamH posted on
JCA - we can’t offer a view I’m afraid and I’d recommend seeking legal advice re what impact any new leases may have.
Comment by JCA posted on
Will do. Thanks for your prompt reply.
Comment by Helen Bridge posted on
Hi Jodie
Thank you for this blog. I am a leaseholder, joint with my husband in a property where the council is the freeholder. We have completed on a 90 day extension to our lease, and now have the signed Deed of Variation. The property already has a registered title in our names. N
I am looking to file the new lease term on Land Registry myself, without having to pay a solicitor. There are no other changes, solely the length of lease. I have a few questions please:
- the premium plus ground rent is less than £10k and so the fee will be £40?
- what is the first step of the process! Do I have to fill in another form, or solely submit AP1 on the Business Gateway? On the AP1 form, what is my reference number? How do I pay the fee and register this alongside the application form?
- do I need a SDLT or LTT certificate for this?
I have read the Practice Guide pg 28 for Extension of Leases, and have completed the AP1 form, but am unsure how to kick off.
Grateful for help
Thank you
Helen
Comment by AdamH posted on
Helen - correct re fee. If you are a business e-service user then you can submit your AP1 and documents electronically. If you are not then it’s a postal service.
You’d need to contact HMRC for SDLT/LTT enquiries
Comment by Helen Bridge posted on
Thank you, Adam,
I am not a Business user and therefore I will submit by post.
Do I need to do anything online first to register my application?
Or do I simply put the following in the post to Land Registry:
- AP1 form
- new Deed of Variation document
- signed copy of my passport as ID,
- cheque for £40 ?
Is there anything else I am required to do or include? I assume I do not need to include a copy of the original lease, as this is already registered to the property.
Thank you
Helen
Comment by AdamH posted on
Helen - you will need to provide identity verification for all parties as the variation, which is extending the term, acts as a a surrender and new grant, so a new lease in effect.
https://www.gov.uk/government/publications/evidence-of-identity-conveyancers
A copy of your passport is insufficient
Comment by Helen Bridge posted on
Hi Adam - apologies, I should have said that I will sign & date the passport copy and write on it that 'I certify that this is a true copy of the original'
From looking at the guidance, I think this is then ok?
Is there anything else I need to do in addition to the list above? eg, lodge anything online to raise a 'reference number' or simply put everything in the post together?
Thank you
Helen
Comment by AdamH posted on
Helen - it’s a postal application. The PG28 covers what’s needed so please refer to that https://www.gov.uk/government/publications/extension-of-leases
Comment by Neil posted on
We are currently in the process of buying a leasehold property. There is a written agreement between the seller and the landlord to extend the lease however for various reasons the seller has never completed the lease extension process. Due to ill health the seller has made it clear they will not be completing the process but they are more than happy for the agreement to pass to us on sale or even start the legal process and us complete it when we have purchased the property. We don’t want to wait 2 years to apply so is it possible for us to take on the existing agreement after we purchase the property?
Comment by AdamH posted on
Neil - you need legal advice here as to what can be done. We can’t advise you on our such matters.
Comment by Ruby posted on
Hello,
I am a freeholder / leaseholder of my flat in a block of 5, and where all other lease extensions completed last year, mine hasn’t and it was submitted on 9 August 2019,
Bit worried as my solicitor says she raised an enquiry sometime ago, still no movement details are:
HM Land Registry reference: NB81A02
Priority Date: 09/08/2019
Priority Time: 15:29:44
Are there any issues blocking it, or is there something I need to be aware of and go back to my solicitor about? Very worried it hasn’t completed, now 300 days, thank you so much.
Comment by AdamH posted on
Ruby - we’ve still got it and due to a backlog of work and then Covid 19 impacting it’s been delayed way too long https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#impact-on-our-services
There’s nothing to worry about or chase though as the extension is protected all the time we have it. So please bear with us and hopefully it will be processed in the coming weeks. Your solicitor can check when that has started for you
Comment by Ruby posted on
Ah thank you Adam. Puts my mind at ease. Good reply so fast. Thanks again take care.
Comment by K H Shah posted on
Hi there,
This seems a very good site for trying to sort out lease problems etc. I am not sure whether this is an official Land Registry site or just a forum.
Please can you help me with a potential error (it seems). we have a long lease on a flat. The lease was extended in 2004 well before we bought it, and both our lease with the land registry as well as the deed of variation show there are no errors in the extension. However, it seems there is an error on the Freeholder's title from the Land registry where all the various other flats' lease terms are stated. It seems that in this title deed, there is an error in that it does not contain the new terms of the extended lease of 2004. Whether this was a typing error or something else is unclear. The Freeholder does not wish to address the problem and has said I should refer the matter to my solicitors. My solicitors say that there is no problem on my side's as all the documents are good, but they would charge me almost £300 just for them to write to the Land Registry. Please can you help. I am quite happy to submit all the necessary documents from my side.
kind Regards
K Shah
Comment by AdamH posted on
K Shah - this is a blog and not a forum but it is an official HM Land Registry blog.
If your lease has been extended then both the leasehold register and superior title register should refer to the up to date lease details.
If you’ve checked both and they don’t match re the noted details then use our contact form to submit specific details to query it https://help.landregistry.gov.uk/app/contactus_general
Comment by Sherry Ragoo-Martin posted on
Hi, I am looking for some advice. Purchased a leasehold flat in July 2019 and it has not yet been registered. All documents submitted to the land registry but was told there are delays. My solicitor has made enquiries on this and given that information. It is now more than a year since we purchased this flat. How long does it take to register new owners? Any advice will be appreciated. thanks
Comment by AdamH posted on
Sherry - we had a backlog even before Covid impacted to make it deeper. If your solicitor has confirmed that we have it then your purchase is protected. If it was lodged last year then hopefully it’s not too far from being considered. And if there’s no urgency then it’s a case of bearing with us still.
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#impact-on-our-services
Comment by Sherry Ragoo-Martin posted on
Many thanks Adam. I was looking to put the flat up for sale at start of August but understand that I cannot do that until the property is registered. Which means that I lose out on potential summer buyers. Is there a way to get this registered shortly? I appreciate the backlog....but...hoping for the best.... thanks
Comment by AdamH posted on
Sherry - you should still be able to put it up for sale. If you get a buyer confirmed then you ask your conveyancer to get it expedited - see the linked guidance.
I know I make it sound simple but speak to your EA and go from there
Comment by Sherry Ragoo-Martin posted on
thanks so much...I will speak to them on Monday.
appreciate the quick responses
Comment by Stu posted on
Hi. 10 years ago, we were helped by a housing association through the Key Worker scheme to buy the lease on a 2 bed flat. The lease is now just under 65 years. We and 5 other lease holders in a small block of 15 flats have joined forces to negotiate a great deal to extend our lease to 125 years. Our main lender Nationwide are fine. The housing association however insist we pay £500 + VAT to a solicitor they appointed to write a simple deed of substituted security that Nationwide have already 'templated' to 10 standard lines for anyone to use and which merely requires a couple of address and name insertions and a signature from us. This normally attracts an admin cost a £50. The solicitor appointed by the housing association refuses to talk to us despite us being forced to pay his exorbitant fee. We have no option but to pay and accept. But it does call into question moral and ethical practice, restraint of trade, unfair monopoly, restrained freedom of choice and a whole host of other breaches of our basic human rights. If the solicitor had chosen to charge £20,000 we would still had no choice but to pay it if we wanted to extend the lease? Furthermore, if we don't extend the lease, the flat becomes unattractive to a buyer and their lender so neither we nor the housing association benefit. We are deep!y unhappy with this glaring stranglehold which tantamounts to bullying. We feel it unethical that we are forced to pay the inflated fee of a solicitor who we didn't appoint and who won't talk to us. Surely if we are paying for any service, then that person / organisation works for us?
Comment by AdamH posted on
Stu - it’s wider comment and advise you need here. This is a blog rather than a forum so you may wish to try online forums such as Money Saving Expert.
From experience all I would suggest is that sometimes HAs and lender’s are often constricted by regulations that require them to ensure a solicitor/conveyancer is involved.
The issues then around the service and communication offered would I expect reference the legal firm’s code of conduct for example so worth checking their T&Cs and complaints procedure as well as the conditions behind the work they are being asked to do
Comment by Lucy posted on
Hi,
How long does it usually take until we find out if a lease extension has been granted expediate? It was submitted today and is holding up a sell on the property.
Thanks
Comment by AdamH posted on
Lucy - they need to submit and then request expedition https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-services#expedite-an-application
If they submitted the request with the application it won’t be picked up on.
Comment by Lucy posted on
The application to register the lease was submitted yesterday and today the request has been made to expedite it.
Thanks
Comment by Pete posted on
Hi - we’re purchasing a property which is leasehold + share of freehold but the lease has dropped to 68 years. The seller’s solicitor suggests we should apply to register the lease extension at the same time as registering the purchase. This seems fine but what if the lease extension is rejected by HMLR? Can a lease extension be rejected by HMLR?
Comment by AdamH posted on
Pete - not if it’s in order and registerable, no. That’s where your solicitor comes in to make sure the deed is legal
Comment by Roberto gasparo posted on
I bought my property five years ago and my Solicitors failed to register the new extension of the lease upon the purchase of the property,
I went back to them after 4 years living in the property,requesting the extension. Well; now it’s been a year and three months since I requested it, ... it’s now a YEAR and four months and I’m still waiting for land registry to come back to me.....
I spoke several times with my solicitor,
And they keep saying that a senior officer is dealing with my case and they don’t know how to sort it out.....
please explain why it’s taking far too long for something that should’ve been done within three months as promised. This all started a year before Covid even existed.... anyone to shed a light on the matter ?
Comment by AdamH posted on
Roberto - do you have a title number/case reference from your solicitor? If not a postal address?
This is a blog rather than an online forum so have you contacted us through any other channel?
I’ll do my best to explain why the delay from our end
Comment by Jose Roberto G Jr posted on
Hey Adam ! Great to hear your there !
I spoke to someone about the case and yes they told me they were waiting for some
communication from my solicitor, but when I spoke to my solicitor they explained that the person I spoke to doesn’t know the extent of the whole issue. Hence why it’s been delaying as such.
From a customer prospect, I’m not aware of the current situation At land registry myself and I would like to understand it if possible.
So here it goes the title numbers
SY596018 New
SY438088 old
72 Longbridge Road
RH67EN
Can’t thank you enough Adam !
Comment by AdamH posted on
Jose Roberto - many thanks.
From the details I can access I can see that the current application was submitted on 13th August last year. Well before Covid impacted as you posted. Unfortunately we had a backlog of this type of work before Covid and some applications were waiting several months before being processed. Covid made matters worse but is not the reason for the original delay.
Work was started on the application on 21st July and we contacted the solicitor on that date for more. They replied same day.
We responded on the 24th to explain what was required to help with what is clearly a complex issue.
The solicitor replied on the 4th September (Friday) and that reply and extra evidence has been referred to a senior officer to reconsider the application.
I’ll check in with colleagues to see if they can offer an idea of timescale here but reading between the lines re your own comments, the limited details I can access and the solicitor’s latest reply more may still be needed.
I should stress that the solicitor is right re complexity and they too have been chasing it this week. So let’s see if I can get an idea of timescale which I can then share.
Comment by AdamH posted on
Jose Roberto - we’ve gone back to the conveyancer for more so the timescale is down to them again now
Comment by Robert Norville posted on
Hi Jodie,
I am in the process in selling my flat which is part of a converted house of 4 flats. I am the only leaseholder of the 4 flats. I was going to extend the lease upon sale but recently became aware that there is a second lease running concurrently to mine taken out only a year ago without my knowledge by the freeholder. My mortgage lender say there is no record of this yet this lease has been found with land registry.
My question is how can this have been down without me being informed, without my mortgage company being informed and what does this mean for me in terms of selling my property with two leases attached to the property
Many thanks
Robert
Comment by AdamH posted on
Robert - you’d need to look at the terms of each lease to see how it was achieved. That should indicate how it happened whilst also confirming whether or not you/your lender needed to be involved or informed.
Your conveyancer would need to explain how it might impact on any sale although that maybe a Q for your buyer to consider as well, as concurrent leases can and do exist. I say that simply because w3 register such leases and don’t deal with or explain ‘impact’.
Comment by Robert Norville posted on
Adam-Thanks for this.
My worry is that the freeholder is trying to take ownership of my property as I had requested prior to the second lease being taken out on my property for my own lease to be extended. I really want to sell my property but feel like the freeholder will now make this overly difficult as they are not forth coming when approched. My lease is now at 86 years and the concurrent lease is at 999 years.
What can I do realistically to solve this
Comment by AdamH posted on
Robert - get legal advice to understand what the legal position is and your rights as affected by the other lease
Comment by Richard posted on
Hi - not sure if this is a permanent service but communicating on here is a great feature!
Could you estimate how long a lease extension would take at the moment, if correct forms and expedition request were sent to you on Friday 23rd of October?
Thanks!
Comment by AdamH posted on
Richard - if lodged by a conveyancer then the application has to be submitted first and then the expedite request made afterwards. If they submitted both at same time the request will not have been seen or actioned due to Covid 19 impact.
If it has been expedited, and the conveyancer can check using their secure portal, then it should be considered within 10 working days.
If they did as I suspect then please refer them to our online guidance (section 3.2) on how to request expedition inc providing documentary evidence of any urgency
https://www.gov.uk/government/publications/coronavirus-covid-19-useful-information-for-conveyancers-pg80/practice-guide-80-coronavirus-covid-19-useful-information-for-conveyancers#after-an-application-has-been-lodged
The Blog is a permanent feature but not designed for dealing with enquiries about specific applications. We encourage such enquiries to be submitted using our online contact form
https://help.landregistry.gov.uk/app/contactus_general
However such enquiries are rarely necessary where a conveyancer is acting as the6 can access the details online as explained
Comment by Elle posted on
I'm interested in buying a flat. The estate agent has advised that the vendor is finalising a lease extension to 150 years. However, I have checked the Land Registry. On the leasehold title, AVxxxxx, it says there is 54 years left. However, when I checked the freehold title of the freeholder, it says that the lessee's title STxxxxxx for the same flat had been extended in 2004 for 999 years. So, I am confused. Why are there different title numbers for the same flat? and why on the leasehold title, AVxxxxx, does it not mention the extended lease of 999 years.
Comment by AdamH posted on
Elle - reads as if they may have created a second lease rather than surrendering the old one and regranting a new one. Suggest you check with agent but really a Q for your conveyancer or the seller to answer
Comment by Tania Davis posted on
Hi, I just wanted to check on the status of a lease extension that was submitted in November 2019- reference is N318RDR and title number is SGL352825
I’m not sure if it has been completed yet and I am not having to apply for a re- mortgage so I need the lease extension information. Could you let me know if this has gone through with registration?
Comment by Tania Davis posted on
Sorry I meant now having to apply to remortgage
Comment by AdamH posted on
Tania - it was completed on 2nd October and the lease is now registered under title TGL537814
Comment by Rad G posted on
Dear Adam,
I have a pressing question and would be great full if you could respond quickly.
I bought a leasehold ground floor flat 30 years ago. There is just 1 other flat (1stflr) in the building which is not a lease but forms part of the freehold. I bought that too around 20 years ago. So the grnd flat lease is in my name and the freehold is in my name by circumstance. I want to borrow against the ground flr lease but it only has 68 years on it. Is it permissible in the circumstances to keep my name on a new lease which is the same as on the freehold ? (Any transfer to another name would mean capital gains issues)
I did think instead of transferring the freehold to another name. Before I do, could I create a leasehold for the 1st flr in my name? Or must I first change the name on the freehold so they are not the same? Or is there a way of doing the 1st flr lease simultaneously as the freehold transfer? The reason is I will then only be transferring the much lower valued freehold (with 2 leases). I am not after legal advice but just wanted to know if the above are in accordance with land registry protocols. (Or if there is another method available)
Thanks in advance.
Comment by AdamH posted on
Rad G - the issue you appear to have is how you extend the lease as you are both the freeholder and current leaseholder. As such entering into a legal deed with yourself when you hold both in the same capacity won’t be possible.
So I’d suggest you discuss your options with a conveyancer as it’s the legal aspects you need to consider here as well as what you want to achieve.
See our Practice Guide on the guidance we can offer https://www.gov.uk/government/publications/extension-of-leases
Comment by Rad G posted on
Thanks for replying so quickly Adam, I've looked at the guides and also spoken to a conveyancer and can't find a way.
Thanks also for confirming it will be impossible for me to enter into a legal deed as freeholder and leaseholder.
Is there a way of doing the 1st flr lease simultaneously as the freehold transfer? Or does the land registry require them to be separated.
Comment by AdamH posted on
Rad G - the lease and transfer would be separate deeds but they can often be combined under one application if that works. Each will have its own registration fee/details and the order of application matters
Comment by AdamJ posted on
Dear AdamH,
Our solicitor has told us that she is still waiting for the the Land Registry to complete a lease extension application on our property. She has been in touch with them and has answered all questions but she has informed us it is yet to be processed. We are in a chain looking to move and this is holding everything up. Is there any information you can provide on what the delay is? Title is EGL413054
Many thanks in advance.
Comment by AdamH posted on
AdamJ - the delay is down to the impact on our current services and how things can take a little longer even when expedited. That delay can be compounded where applications cannot be completed and we have to ask solicitors for more.
In this case it appears the application needed more and what was provided needed considering by one of our senior technicians. That’s now happened and I’d expect the registration to be completed shortly. That could be over the weekend but may not be until Monday
Comment by AdamJ posted on
Many thanks for the update. That is reassuring to know it is in hand. Thank you.
Comment by Sam posted on
Hi AdamH,
Is it possible to tell me if you have recieved the application for a lease extension relating to lease: EGL166167 ? (And if so how long are these type of applications taking to process at the moment?)
Thank you in advance
Comment by AdamH posted on
Sam - we do and lodged in mid December. Current wait times are around 9/10 months
Comment by Andrew H. posted on
The Title Deed to our leasehold flat purchased in 1984 clearly refers to the lease dated 25th May 1979 to run for 99 years from that date. However, the copy of the lease in our possession, although "made" and dated on this date, clearly states in type on the back cover that the term of the lease runs for 99 years from Dec. 1970 to Dec. 2069. Clearly this makes a massive difference in the cost of extension. Which date can we rely on to be correct
Comment by AdamH posted on
Andrew H - it’s the inside of the lease and the demise that matters normally
Comment by Andrew H posted on
Thanks for your help.
Comment by Jamie Davies posted on
Hello, I have agreed a premium for my lease extension and signed the lease on 6th January. I transferred the premium which is being held by the freeholders solicitors. The freeholders solicitors have been messing my solicitor around with regards to a completion date ever since. It's now 6 weeks later. Do I have any rights to get them to set a completion date and does this effect the time frame that I have to complete the lease extension?
Comment by AdamH posted on
Jamie - it’s legal advice you need here on what your rights are and we can’t provide that. If you are looking for online help then you could try The Leasehold Advisory Service which is a very useful resource re such matters