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Everything you need to know about lease extensions

What is a lease?

A lease is a long-term contractual agreement between two parties over a property or item. Residential leases are the most common type of lease currently used in the United Kingdom (UK), as they are used on rented properties such as flats. An initial time frame for a residential lease will be between 99 and 125 years, but if a lease happens to end without a notice of renewal being filed the interest in the flat will automatically revert back to the freeholder. The ultimate consequence is that you would have no lease to extend or sell should you wish to move on from the property in the future.

Difference between freehold and leasehold

Leasehold agreements take the form of a long-term tenancy that has been agreed upon by a perspective (or current tenant) and freeholder. While a leasehold agreement is in place you will have the right to live in and have uninterrupted use of the premises. However, a lease does not constitute ownership and eventually it will expire. As a leasehold heads towards its final years a tenant will have the choice to either serve a notice of extension or let the property revert back to the freeholder. In most circumstances the leaseholder will be required to pay rent to the freeholder in order to remain living in the premises. Service charges will also be a feature of most leasehold agreements; the freeholder, to cover maintenance on the premises if and when it’s deemed necessary, will use such fees. UK based flats, apartments and occasionally houses will utilise leasehold agreements when said property has a freeholder.

Freehold dictates the ownership of a property or the land it is has been built upon. As a freeholder you would be able t...

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Is Leasehold Valuation Tribunal (LVT) attendance mandatory?

It may not be mandatory but it is highly recommended that you attend, even if you do have a legal representative handling your case for you. You may also have a family member or friend attend the hearing with you as well if you so wish.

Do I need legal representation at a Leasehold Valuation Tribunal (LVT)?

It isn’t a requirement, but depending on the depth of your case and the issues involved it may be recommended.

How does it take for a Leasehold Valuation Tribunal (LVT) to reach a decision?

It will largely depend on the case, however they tend to send out a written conformation of their decision within 6 weeks of the hearings conclusion. There may even be some instances that the LVT inform you of their decision immediately after the hearing has ended.

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