What is The Role of a Solicitor During a Lease Extension? 

A solicitor manages the legal side of a lease extension from start to finish. This includes assessing whether you are eligible to extend, serving the formal notices required by law, negotiating on your behalf and finally completing and registering the new lease at the Land Registry. 

Extending a lease involves strict legal procedure and firm deadlines, so most leaseholders choose to instruct a solicitor rather than try to manage the process alone. Below we explain exactly what a lease extension solicitor does, whether you need one and what the process is likely to cost. 

What does a lease extension solicitor do?

A lease extension solicitortakes care of the legal steps needed to add years back onto your lease, so you can focus on the outcome rather than the paperwork. Typical tasks include: 

Reviewing your current lease and title to confirm your eligibility to extend 

Liaising with a specialist valuer to work out the premium payable to your freeholder 

Drafting and serving the correct legal notice on your freeholder 

Responding to any counter notice and negotiating the terms on your behalf 

Advising you on the merits of your position and any points that are open to challenge 

Drafting and reviewing the deed that extends your lease 

Registering the new lease with HM Land Registry 

Handling the exchange of funds and any post completion matters such as ground rent or service charges owed 

Two of these tasks tend to carry the most legal weight and are worth exploring in more detail: 

Serving notices and handling negotiations 

If you are extending your lease under the statutory process, your solicitor will serve what is known as a Section 42 Notice on your freeholder under the Leasehold Reform Housing and Urban Development Act 1993. This notice sets out the premium you are proposing to pay and starts the formal timetable for the extension. Your freeholder then has a set period to respond with a counter notice, which may accept your offer, propose a different premium or in rare cases dispute your right to extend. Your solicitor will review this response and, working alongside your valuer, negotiate the final premium on your behalf. 

Completing and registering the new lease 

Once the premium and terms have been agreed, your solicitor will draft the new lease document, check it carefully and arrange for it to be signed by both parties. On completion, they will send the agreed premium to the freeholder's solicitor and then register the new lease with HM Land Registry, which formally updates the title to reflect the extended term. Your solicitor will also deal with anything owed at completion, such as outstanding ground rent, so nothing is left unresolved. 

Do I need a solicitor to extend my lease?

There are two routes to extending a lease and both call for legal expertise. 

A statutory (formal) lease extension uses your legal right under the 1993 Act to add 90 years onto your lease and reduce ground rent to a peppercorn, which essentially means reduce it to zero. Because this route follows a strict legal process with fixed notice periods, we highly recommend that you instruct a specialist solicitor to serve the notice correctly and protect your position. 

An informal (voluntary) lease extension is agreed directly with your freeholder outside the statutory process. This can sometimes be quicker and more flexible on the length of term or other conditions, but a solicitor or licensed conveyancer is still needed to draft the deed of variation, manage the payment of the premium and register the change at the Land Registry. Whichever route you take, the legal deed itself has to be properly drafted and registered for the extension to be binding and to protect your position if you later come to sell. 

What costs are involved with a lease extension?

The costs of a lease extension fall into a few different categories. 

The premium itself is usually the largest cost and is paid to your freeholder in exchange for the extended term. This is calculated based on factors such as the value of your property, the remaining length of your lease and the level of ground rent currently payable, and it is worked out with the help of a specialist valuer. 

On top of the premium, you should expect to pay: 

• Legal fees for the solicitor handling your extension 
• Valuer's fee for assessing the premium 
• Your freeholder's reasonable legal and valuation costs, which you are required to cover by law 
• Land Registry fees to register the new lease 

Legal fees for a straightforward lease extension are often charged as a fixed fee, though the amount can vary depending on whether the extension is agreed by mutual consent or disputed with the freeholder. A disputed case that ends up before a tribunal will generally cost more than one that is settled by agreement. It’s worth noting that the Leasehold and Freehold Reform Act 2024 has become law but has not yet fully come into force, so changes such as the removal of marriage value from the premium calculation are not yet in effect and any extension carried out now follows the existing rules. 

Because costs vary case by case, it is always best to get a personalised estimate before you commit. 

How Eatons Can Help

Extending a lease can significantly increase the value of your property, but it is a complex area of law with strict deadlines, so getting the right advice from the outset matters. At Eatons Solicitors, our lease extension specialists can guide you through every stage of the process, from checking your eligibility through to serving notices, negotiating with your freeholder and registering your new lease. We also advise on wider residential and investment property matters, so if your lease extension forms part of a larger transaction we can support you with that too. 

We offer fixed fees for lease extensions, with the exact cost depending on the complexity of your case, and we are happy to provide free initial advice to help you understand where you stand. With offices in Bradford, Bingley and Yeadon, our friendly, straightforward approach means you get clear guidance at every step, without unnecessary jargon. 

Get in touch with our team today to discuss your lease extension and find out how we can help.