A lease extension is available to all long leaseholders who have held their lease for at least two years. The terms of your lease will largely remain the same except you can add 90 years to the time left on your old lease and you will no longer be expected to pay ground rent.
You will not have the right to renew if:
Trap 1 - failure by the tenant to complete the new lease within 4 months of reaching an agreement after service of a notice and counter notice
If the terms are agreed and no binding contract has been entered in to by both parties, the lessee has 4 months from the date the terms were agreed to apply to the county court for a vesting order if the landlord delays completing on the agreed terms. If the landlord fails to complete on the agreed terms within 4 months from the date all the terms are agreed the lessee’s notice is deemed to be withdrawn, unless an application for a vesting order is made prior to the 4 months period.
Trap 2 - failure by the landlord to serve a valid counter notice within 2 months
Whilst the lessee can serve another notice if the first is invalid, the landlord does not have this protection so it is crucial that the counter notice is valid. Where the counter notice is invalid a lessee has a right to apply to the county court for a new lease extension on the terms set out in his section 42 notice or where an application to acquire the freehold was initiated by a section 13 notice apply to the court for an order determining the terms on which it is to acquire the freehold in accordance with the proposals contained in the initial notice. Following the case of Willingale v Globalgrange Limited the Court of Appeal has found that where a lessee can establish their statutory right be it for a lease extension or to collectively enfranchise the court must make an order in favour of the leaseholder. The effect of serving an invalid counter notice has serious consequences for the landlord, however the lessee must respond as the law provides if they want to take advantage of the position.
Trap 3 - failure by the tenant to apply to the Leasehold Valuation Tribunal to determine the terms of the new lease within six months of the counter notice
Where a counter notice is served by the landlord admitting the tenant’s right to a new lease but disputing the terms, the tenant must apply to the Leasehold Valuation Tribunal to determine the terms of the new lease within six months of receipt of the counter notice. Failure to make an application will result in the tenant’s notice of claim being deemed as withdrawn. The consequence of deemed withdrawal for a lessee is that not only will he be responsible for his own legal and third party costs but also the reasonable legal and third party costs of the landlord and will have to wait 12 months before he can start the process again.
Trap 4 - failure by the tenant to apply to the court for a vesting order
Where no counter notice is served by the landlord or he serves an invalid notice, an application to the court must be made by the lessee no later than six months after the date by which the counter notice should have been served. Failing which the lessee’s notice is deemed to be withdrawn, unless the parties agree the terms and complete the transaction without having to go to court.
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S&S offices have a calm atmosphere and on the telephone. I had clear legal advice which was completely accurate and down to earth. This helps when to go to a solicitor, sometimes in a state of unknowing and worry. I had quite severe concerns, things did go wrong and I found the atmosphere of calmness and in going forward toward solving matters reassuring.
WE used Stennett and Stennett to enact a power of attorney and when my father subsequently died they dealt with the financial affairs of his estate and the sale of the house. This was done sensitively and efficiently, keeping the family informed at all times of how things were progressing.
Michael Stennett has handled our family's business over the last few years with great professionalism and charm. I am aware that our case has been extremely challenging and complex and am delighted that we have achieved a satisfactory outcome in the end. Thank you for your patience and perseverence - I would gladely recommend Stennett and Stennett's services to anyone!
They took the time to explain all of the procedures and answer my questions, no matter how trivial they were. They were professional throughout and made sure that our options were always clear and provided guidance without being forceful. They are very efficient and represent excellent value for money. Alison Allen is one of the most professional and helpful people I have ever had the pleasure of dealing with and made the whole process so easy.
My meeting with Michael Stennett following the death of my husband was sympathetic, supportive and informative on the many issues about which I was concerned. It was a very positive experience given the difficult time. Thank you.
We can thoroughly recommend Davinder Salhan at Stennet & Stennett and would like to thank her for making a complicated transaction so easy for us. She was extremely pleasant, as well as highly efficient throughout and we would have no hesitation in returning to her for any future business.
At a time when I was most vulnerable, It was nice to be able to let someone deal with a difficult situation, in the form of Probate. Also to advise me on my own will, and Power of Attorney.
Very helpful .The process was time comsumimg as explained to me by Mr Stennett.Was helpful throughout the whole process and so was Debbie. The only thing i would suggest is to call back or respins to emails in a much more timely fashion.
I would like to take this opportunity in thanking Team Stennett & Sennett for the service, I received during the sale & purchase of my property. Davinder is and asset to Stennett & Stennett, she is very professional and responsive. She explained everything in detail. I was always kept informed throughout the process of the sale and purchase. I would definitely recommend her to friends and family for future legal help and advice.
Michael Stennett made the whole process of organising the new wills for my parents extremely easy; his efficiency and helpfulness were exemplary. Michael explained all the legalize in layperson's terms and so enabled us to make sensible decisions for the future. We came away from this experience very satisfied.
Stennett & Stennett is a pleasant place to visit. Our solicitor was helpful, we were kept well informed on the progress of our house sale. We will be happy to use the service again in the future.
I recently visited Stennett & Stennett Solicitors in order to complete my will. The documentation that I received when made my appointment was clear and enabled me to prepare for my meeting. The meeting was relaxed, informative and less than one hour. Michael made sensible and necessary amendments and I returned within two weeks to sign the official paper work. I am confident that my affairs are now in order, and it was great ti finally get it off my to-do list!
By advising us and carrying out our instructions in a professional and friendly manner.
Stennett & stennett solicitors were excellent specially the solicitor who was on charge of iury case
We are very grateful to have found such a sterling team -professional, reassuring, efficient and friendly.
Made a lot of effort to explain the legal niceties of the outcomes that would take place for the various scenarios that we had to consider in our will. A masterclass in making the complicated simple and straightforward. Good local service and friendly staff, highly recommended.
Davinder Salhan gave us a very professional service. She kept us updated and answered questions quickly. It was obvious that she knew what she was talking about. The most important aspect was that she showed understanding for how stressful it is to sell a property including extending the lease, showed compassion and gave us confidence in the process.
straight forward no nonsense professional service.excellent .AAAA
Informative, helpful, friendly and efficient.
Stennett & Stennett
4 Winchmore Hill Road
DX: 34305 Southgate
Stennett and Stennett is the trading name of Stennett and Stennett Ltd registered in England and Wales under CRN 7666275 and whose registered address is:
4 Winchmore Hill Road, Southgate, London, N14 6PT. Authorised and regulated by the Solicitors Regulation Authority no. 564879