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Lease Extensions
The Property Department at HCB provide specialist legal advice and services in the following matters:-
- Both statutory and non-statutory lease extensions and enfranchisement claims under the Leasehold Reform, Housing and Urban Development Act 1993
- Freehold purchases under the Landlord and Tenant Act 1987.
- Right to Manage Claims under the Commonhold and Leasehold Reform Act 2002.
Statutory Lease Extensions
For qualifying leaseholders, the Leasehold Reform, Housing and Urban Development Act 1993 grants the right to extend your lease by an additional 90 years at a peppercorn ground rent. Our services include:
- Assessing your eligibility and advising on the statutory process
- Preparation and service of the formal Section 42 Notice
- Reviewing and advising on Landlord’s Section 45 Notice.
- Managing negotiations on the premium and terms of lease
- Making an Application to the First-tier Tribunal (Property Chamber) when parties are unable to agree to negotiations.
- Liaising with valuers and other professionals
- Completing the legal formalities and registering the new lease with HM Land Registry
Non-Statutory (Informal) Lease Extensions
Where a statutory route may not be suitable or necessary, we can assist in negotiating informal lease extensions directly with the freeholder. While typically quicker, this route may involve continuing payment of ground rent until the existing lease term has expired. We offer:
- Advice on the pros and cons of informal vs statutory routes
- Advice on the premium and lease terms offered
- Review of draft documentation to ensure your interests are protected
- Completion of the transaction and registration with HM Land Registry
Collective Enfranchisement (Freehold Purchase)
We represent small groups of leaseholders who wish to collectively purchase the freehold of their building under the Leasehold Reform Act 1993. Our team handles:
- Initial eligibility assessments and feasibility reports
- Coordination among participating leaseholders
- Drafting Participation Agreements
- Drafting and service of the Initial Notice (Section 13 Notice)
- Responding to landlord counter-notices (Section 21 Notice)
- Managing premium negotiations and any disputes
- Drafting/reviewing the Transfer Deed
- Completion of the purchase and post-completion formalities
Right of First Refusal (Section 5 Notices)
We also advise freeholders and leaseholders in connection with the Right of First Refusal under the Landlord and Tenant Act 1987, ensuring compliance with statutory requirements and protecting our clients’ interests throughout the process. Our team handles:-
- Drafting of Section 5 Notice to serve on the tenants/Review of Section 5 Notice and advise to tenants
- Drafting/responding to Section 6 Notices
- Drafting/review of Transfer Deed and advising thereon
- Dealing with the conveyancing process and registration at HM Land Registry
Right to Manage (RTM Claims)
The process gives leaseholder of flats the legal right to take over the management of their building. It is not necessary to prove poor management to make a claim. Our team handles:-
- Checking eligibility and whether the building qualifies. (The building must be self-contained, contain at least 2 flats with at least two thirds of the flats held on long leases i.e. over 21 years, at least 50% of leaseholders must take part in the claim). It is not possible to make a Right to Manage Claim on Local Authority properties.
- Provide advice on setting up an RTM Company and sending invitations for all tenants to join the company.
- Serving RTM Claim on the landlord to take over management.
- Dealing with Landlord’s counter-notice and providing advice and making an Application to the Tribunal if the landlord disputes eligibility of the claim.
- Dealing with handover of the management responsibilities (e.g. service charges/repairs/maintenance/insurance). The landlord will retain ownership of the freehold and will still collect ground rent.
Why Choose HCB?
- Specialist leasehold and enfranchisement solicitors providing clear transparent advice.
- Competitive fee structures
- Strong relationships with experienced valuers and surveyors
- Proven track record
- Personal, responsive, and client-focused service
Whether you’re a leaseholder seeking to protect your property’s value or a freeholder needing advice on statutory obligations, our dedicated team provides clear, strategic guidance from start to finish.
Contact us today to discuss how we can help with your lease extension, enfranchisement, right of first refusal or right to manage needs.