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https://hmlandregistry.blog.gov.uk/2016/09/06/lease-extensions-avoid-common-issues/

Lease extensions: how to avoid the most common issues

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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.

Website page showing the Document Registration Service.

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.

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202 comments

  1. 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

    Reply
    • Replies to 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

      Reply
      • Replies to adamh>

        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?

        Reply
        • Replies to ANDREW>

          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

          Reply
  2. 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

    Reply
  3. 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

    Reply
    • Replies to 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

      Reply
    • Replies to Carmelo>

      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

      Reply
      • Replies to 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

        Reply
  4. 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

    Reply
    • Replies to babul>

      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

      Reply
      • Replies to AdamH>

        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.

        Reply
        • Replies to Hannah Mackinlay>

          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

          Reply
  5. 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?

    Reply
    • Replies to Rick>

      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.

      Reply
  6. 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.

    Reply
    • Replies to M Dodds>

      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.

      Reply
  7. 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

    Reply
    • Replies to Samira Noor>

      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

      Reply
  8. 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

    Reply
    • Replies to C W Siu>

      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.

      Reply
  9. 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

    Reply
    • Replies to Beth W>

      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

      Reply
  10. 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

    Reply
    • Replies to 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

      Reply
    • Replies to Izabella>

      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

      Reply
  11. 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

    Reply
    • Replies to Andreas>

      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.

      Reply
  12. 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

    Reply
    • Replies to Hanna Varabyova>

      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

      Reply
  13. 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

    Reply
    • Replies to Hanna Varabyova>

      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

      Reply
    • Replies to Hanna Varabyova>

      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.

      Reply
  14. 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)?

    Reply
  15. Comment by edmund posted on

    many useful comments

    Reply
  16. 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?

    Reply
    • Replies to Chalkie>

      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/ .

      Reply
  17. 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

    Reply
    • Replies to Nick>

      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.

      Reply
  18. 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?

    Reply
    • Replies to Samson>

      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

      Reply
      • Replies to AdamH>

        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?

        Reply
  19. 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.

    Reply
  20. 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

    Reply
    • Replies to CD>

      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

      Reply
  21. 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.

    Reply
    • Replies to Michael F>

      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

      Reply
  22. 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

    Reply
    • Replies to Michael F>

      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.

      Reply
  23. 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?

    Reply
    • Replies to Sian>

      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 .

      Reply
  24. 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.

    Reply
    • Replies to Rois Ali>

      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

      Reply
  25. 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

    Reply
    • Replies to Bryan Metcalfe>

      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

      Reply
  26. Comment by Bryan posted on

    He is sole freeholder and does not have a mortgage - does this make it easier?

    Reply
    • Replies to Bryan>

      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.

      Reply
  27. 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.

    Reply
    • Replies to ChrissieS>

      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.

      Reply
  28. 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

    Reply
    • Replies to 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

      Reply
  29. Comment by Emma posted on

    If my solicitor requests for my lease extension to be expedited, how long does that normally take?

    Reply
    • Replies to Emma>

      Comment by AdamH posted on

      Emma - once the request has been considered we aim to consider the application within 10 working days

      Reply
  30. 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

    Reply
  31. 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

    Reply
    • Replies to 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

      Reply
  32. 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?

    Reply
  33. 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?

    Reply
    • Replies to Bonny>

      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.

      Reply
  34. Comment by Bonny posted on

  35. 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

    Reply
    • Replies to Alan Williams>

      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

      Reply
      • Replies to AdamH>

        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)?

        Reply
        • Replies to John Williams>

          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

          Reply
  36. Comment by John Williams posted on

  37. 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?

    Reply
    • Replies to F Khan>

      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

      Reply
  38. Comment by AdamH posted on

    Jordan - yes if you give us the details?

    Reply
  39. 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.

    Reply
  40. 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

    Reply
    • Replies to Wendy Ross>

      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?

      Reply
      • Replies to AdamH>

        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

        Reply
        • Replies to Wendy Ross>

          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.

          Reply
  41. 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?

    Reply
  42. 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.

    Reply
    • Replies to Kieran McAlea>

      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

      Reply
      • Replies to AdamH>

        Comment by Kieran McAlea posted on

        Hi Adam. Thanks.

        Can you see if an application has now been made?

        Reply
        • Replies to Kieran McAlea>

          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

          Reply
    • Replies to Kieran McAlea>

      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

      Reply
      • Replies to Kieran McAlea>

        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.

        Reply
        • Replies to ianflowers>

          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?

          Reply
          • Replies to Kieran McAlea>

            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

      • Replies to Kieran McAlea>

        Comment by Kieran McAlea posted on

        Hi - can you see if this has been completed?

        Reply
        • Replies to Kieran McAlea>

          Comment by AdamH posted on

          Kieran - it is still pending

          Reply
          • Replies to AdamH>

            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.

          • Replies to Kieran McAlea>

            Comment by AdamH posted on

            Kieran - it looks like it has now been completed

  43. Comment by Autumn posted on

    Do I need consent from the landlord to extend my lease as we are all share of freeholders?

    Reply
    • Replies to Autumn>

      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

      Reply
  44. 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!

    Reply
  45. Comment by AKai posted on

    What a pity!
    Many thanks for your swift response anyway.

    Regards

    Reply
  46. 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

    Reply
    • Replies to Helen>

      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.

      Reply
  47. Comment by Kyla posted on

    Can I have an update or completion date for a lease registration please for SYK103676?

    Reply
    • Replies to Kyla>

      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?

      Reply
      • Replies to AdamH>

        Comment by Kyla posted on

        Sorry the title is SYK113602

        Reply
        • Replies to Kyla>

          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

          Reply
  48. Comment by Kyla posted on

    Hi, is there anymore update for title SYK103676 please?

    Reply
    • Replies to Kyla>

      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

      Reply
  49. Comment by Kyla posted on

    Hi, thanks for your quick reply. Does this mean that the lease extension is complete?

    Reply
    • Replies to Kyla>

      Comment by AdamH posted on

      Kyla - the application to register the new lease (as extended) is now complete

      Reply
  50. 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.

    Reply
    • Replies to Kyla>

      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

      Reply
  51. 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?

    Reply
    • Replies to Ella>

      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

      Reply
  52. 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

    Reply
  53. 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

    Reply
    • Replies to paigeh>

      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

      Reply
      • Replies to AdamH>

        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!

        Reply
        • Replies to Paige>

          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

          Reply
  54. 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.

    Reply
    • Replies to David Barrington>

      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

      Reply
  55. Comment by adrian posted on

    hi - my solicitor submitted an application for lease extension to be updated on the land registry as this and the transaction was complete months ago to 99 years.

    we have actually had accepted an offer now on the property and is with solicitors in advance stages of sale.

    The sale cannot complete until the lease extension is updated to the agreed 99 years on the land registry.

    i have been told 100 ish working days still pending.

    this will potential lose the sale of my flat and also exceed the mortgage offer expiry date along with our on going purchase.

    what can i do please

    application - SGL808774/DFL/152

    Reply
    • Replies to adrian>

      Comment by AdamH posted on

      Adrian - you contact your solicitor and ask him/her to contact us with a request to expedite the application and submit that along with documentary evidence of your expiring mortgage offer. They should be aware of what is required. If we can expedite it then it reduces the wait time to a few weeks and everything then hinges on it being in order of course

      Reply
      • Replies to AdamH>

        Comment by Adrian posted on

        Thanks for your reply

        What would be valid to get it processed faster as you mentioned

        The solicitor dealing with the sale is different to the one who submitted and delt with the lease extension

        The solicitor dealing with the sale the buyers solicitor is at the stage of land searches and should be back shortly to then exchange contracts

        For the sale to complete the buyer has special condition in the mortgage offer that it needs show the new lease years before it can complete.

        We are selling this to use the funds to purchase an on going residential property and both need to be completed at same time in the conditions

        Waiting the length of time land registry have said will see our on going purchase pull out

        Based on that info above what evidence would need to be attached to likely see the approval of fast track 2 weeks

        Thanks

        Reply
        • Replies to Adrian>

          Comment by AdamH posted on

          Adrian - the lodging solicitor needs to submit the request. Documentary evidence to confirm the sale/purchase pr expiring mortgage offer as suggested. Either solicitor should be aware of what is required

          Reply
          • Replies to AdamH>

            Comment by adrian posted on

            Hi

            I did what you said and the solicitor applied to expedite the application which was accepted due to holding up the sale of the property.

            we are all waiting on this extension for the solicitors to complete and exchange contracts..

            i dont know if i am getting the correct information but can i have an update to why even after expedition was granted still has not completed the update?

            ref : AO/CON/WILSON
            SGL808774/DFL/152

            Flat a upper abbey road, da175ag

            thank you in advance

          • Replies to adrian>

            Comment by AdamH posted on

            Adrian - I note you are also contacting us via our online forum. I have replied on the forum re progress of the application

  56. 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.

    Reply
    • Replies to Ade>

      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.

      Reply
  57. 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.

    Reply
    • Replies to Adrian Winter>

      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.

      Reply
  58. 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

    Reply
  59. Comment by Ade posted on

    Hi AdamH,

    I would like to say thank you for all your help so far.

    The solicitor has got back to me and they say that they have re-submitted as above with the Title Number used on the application as TGL225262 and Land Registry Ref. No. NB81E96 on 21 January 2020.

    If possible, please could you check that this is the case and that it has been re-submitted on 21 January 2020. I began this process with the solicitor on 16 August 2016, so as you can probably guess I am keen to get this completed as soon as is possible,

    Many thanks once again.

    Reply
    • Replies to Ade>

      Comment by AdamH posted on

      Ade - the application has been submitted and the new case reference is TGL540976/NB84130

      Reply
  60. Comment by Ade posted on

    Hi AdamH,

    Many thanks for your response, much appreciated.

    All the best again.

    Reply
  61. 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

    Reply
    • Replies to 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.

      Reply
  62. 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.

    Reply
  63. 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

    Reply
    • Replies to 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

      Reply
      • Replies to AdamH>

        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.

        Reply
      • Replies to AdamH>

        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

        Reply
        • Replies to 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

          Reply
  64. 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.

    Reply
  65. 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?

    Reply
    • Replies to Alan>

      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

      Reply
  66. 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

    Reply
    • Replies to KevinB>

      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

      Reply
      • Replies to AdamH>

        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.

        Reply
        • Replies to KevinB>

          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

          Reply
          • Replies to AdamH>

            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?

          • Replies to KevinB>

            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

  67. 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.

    Reply
    • Replies to JCA>

      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.

      Reply
      • Replies to AdamH>

        Comment by JCA posted on

        Will do. Thanks for your prompt reply.

        Reply
  68. 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

    Reply
    • Replies to Helen Bridge>

      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

      Reply
      • Replies to AdamH>

        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

        Reply
        • Replies to Helen Bridge>

          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

          Reply
          • Replies to AdamH>

            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

          • Replies to Helen Bridge>

            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

  69. 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?

    Reply
    • Replies to Neil>

      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.

      Reply
  70. 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.

    Reply
  71. 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

    Reply
    • Replies to K H 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

      Reply
  72. 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

    Reply
    • Replies to Sherry Ragoo-Martin>

      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

      Reply
      • Replies to AdamH>

        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

        Reply
        • Replies to Sherry Ragoo-Martin>

          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

          Reply
          • Replies to AdamH>

            Comment by Sherry Ragoo-Martin posted on

            thanks so much...I will speak to them on Monday.
            appreciate the quick responses

  73. 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?

    Reply
    • Replies to Stu>

      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

      Reply
  74. 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

    Reply
  75. 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?

    Reply
    • Replies to Pete>

      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

      Reply
  76. 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 ?

    Reply
    • Replies to Roberto gasparo>

      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

      Reply
      • Replies to AdamH>

        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 !

        Reply
        • Replies to Jose Roberto G Jr>

          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.

          Reply
          • Replies to AdamH>

            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

  77. 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

    Reply
    • Replies to Robert Norville>

      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’.

      Reply
  78. 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

    Reply
    • Replies to Robert Norville>

      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

      Reply

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