Notice of Claim for a Lease Extension
Whilst it is not a legal requirement to hire a solicitor to serve the required notice on the landlord, it is advisable to do so. The Notice will be served on the immediate landlord (i.e. the freeholder who will have the sufficient superior interest in the property to be able to grant it). The freeholder’s valuation is payable by the leaseholder under s60 of the 1993 Act, which states that where such a notice is served, the leaseholder is liable for the reasonable costs (of) and incidental (to):
- Any investigation reasonably undertaken of the tenant’s right to a new lease;
- Any valuation of the tenant’s flat obtained for the purpose of fixing the premium or any other amount payable by virtue of Schedule 13 in connection with the grant of a new lease under s56 and;
- The grant of a new lease under that section.
The valuation is broken down into two parts: the report and the valuation breakdown, both of which can be found here and will be included in the notice along with the following:
- The full name of the leaseholder and the address of the flat;
- Sufficient information about the flat to identify the property and the leaseholder to which the application relates;
- Details of the lease including its date of commencement and its terms;
- The premium proposed (offer price) for the new lease and or other amounts payable where there are intermediate leases;
- The terms that the leaseholder proposes for the new lease if different from the present lease;
- The name and address of the leaseholders’ representative if one has been appointed;
- Ground rent payable;
Ideally leaseholders will use the services of a specialist in enfranchising such as the Association of Leasehold Enfranchisement Specialists (ALEP).
The deadline by which the landlord must reply which, by law, is within 2 months of the date of the notice and once theyhave received they serve their own counter-notice and lease terms, both of which can be read here.