Leaseholder Rights and Responsibilities

Before you make an application to extend your lease, we strongly recommend that you seek your own professional and legal advice. You can also obtain more information from the Leasehold Advisory Service.

The Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA) gives leaseholders protection against short leases by giving them the right to extend the length of the lease.  The act allows up to 90 years to be added to what is left on the lease at a 'peppercorn' rent, which means no ground rent.

The leaseholder must have owned the flat for 2 years to be entitled to this right.

If you would like to extend the term of the lease, there are two options:

1. Enter into a voluntary lease extension between the leaseholder and the landlord to extend the lease on your property, which is outside of the statutory framework and in which there are no set rules. The length of the lease term, ground rent costs and all other costs are subject to the agreement of the landlord.
2. Issue the council with a Section 42 Notice under the LRHUDA.

Financing your lease extension

Before you make an application to extend your lease, you will need to ensure that you have the finances in place to fund the cost of the lease extension and all associated fees. These fees may include:

• The amount of your premium offer.
• Professional fees for your valuer and the valuation.
• Solicitor fees should you obtain legal advice.
• The landlord’s reasonable costs, including our legal fees, our valuer fees and an administration charge.

These fees are:

*These fees do not include VAT.

Please note, all fees incurred by the landlord will be payable regardless of whether you complete on the extension or not.

Voluntary Lease Extension

For a voluntary lease extension, you would need to forward us your formal premium offer and the number of additional years you wish to purchase.  This must also be accompanied by your valuer’s report.

Additionally, we would need from you a solicitors undertaking which confirms that you will pay for our professional fees in connection with the extension.

The landlord will then respond either accepting your offer or proposing different terms.

Statutory Lease Extension

You will need to serve us with a formal notice, known as a Tenant’s Notice. This has to include certain information, including details of your existing lease and what you think you should pay to extend your lease. The notice must be in the form specified by Section 42 of the LRHUDA.

We strongly recommend you instruct a solicitor for the preparation and serving of the notice as any inaccuracies may result in the notice being deemed invalid. You are liable for paying our costs once we receive your notice, so it is important to think things through beforehand.

Please send your notice to the Leasehold Service at the following address:

Leasehold Team

Adult Care, Housing and Public Health
Floor 2C
Riverside House
Main Street
Rotherham
S60 1AE

Or by email to: leaseholdteam@rotherham.gov.uk