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complete on the agreed terms within 4 months from the date all the terms are agreed the lessee’s notice is deemed to be withdrawn, unless an application for a vesting order is made prior to the 4 months period.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.
Absolutely great service, professional and efficient. I would highly recommend Ian Fraser and Alison Allen. 5 star
Extremely professional, attentive to my needs and quick resolution to all issues that arose throughout my purchase.
They carried out the conveyancing thoroughly and efficiently and appreciated the fact that they always made time to see me and address my concerns. I would be very happy to work with them again and already highly recommend them.
I have been a client of Stennett and Stennett for a while now and have always found them professional, efficient, understanding and caring. Michael Stennett in particular has advised and helped me in dealing with the administration of the Power of Attorney for both my parents and has always gone out of his way to provide a friendly and attentive service. I would not hesitate in recommending them to friends and family and will always use them in any future legal transactions when I need legal advice.
Without hesitation I can say Stennett & Stennett kept me well informed by periodic updates about the progress of the estate, and what options were available and advised accordingly but always asking what i wanted to do .His services were definitely efficient and courteous
I was seen on time and the service was very good.
All the members of Stennett & Stennett have been very friendly & efficient since we first started using the company quite a few years ago. They have recently dealt with, what could have been, a tricky situation very successfully & we are very happy with the outcome. We will continue to use their services.
As always Stenett's have given us professional, supportive and helpful service. Thank you very much. The professionalism of all Stennett's staff far outweighed that of the other solicitors in our conveyancing chain.
We received very professional and fast service from Stennett & Stennett right from the first phone call. I called in and asked for a particular service for which I was put through to the right person straightaway. Debbie was very knowledgeable and offered us to come in for a free of charge consultation with a solicitor, which we did. During that meeting with Mr Stennett he arranged for the right documents and forms to be sent to us and made another appointment to come in and sign the prepared contracts. That's it! Many thanks.
A big thank you to Stennent & Stennent Solicitors, for helping my 94 years old Auntie to move into her new retirement home. They were very kind and considerate towards my Auntie and explained everything very clearly to her. With their calm attitude and approach it avoided any stressful feelings for her. I strongly recommend you use their services. Thanks again Stennent.
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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.
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:
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