The right to an extended lease—houses
The right to an extended lease—houses

The following Property guidance note provides comprehensive and up to date legal information covering:

  • The right to an extended lease—houses
  • The right
  • Leases which cannot be extended
  • Qualifying criteria
  • What is a house?
  • Long tenancy
  • Low rent
  • Value limit
  • Ownership and residence
  • Business tenancies
  • more

The right

A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) has a statutory right (subject to compliance with certain statutory qualifying criteria) to a 50 year extension of the lease.

Although the right is expressed as an extended lease, the actual method for giving effect to this right is for the tenant to be granted a new lease, in substitution for the existing lease, for a term expiring 50 years after the term date of the existing lease.

The expression tenant includes:

  1. a person who was the sole tenant for life under a tenancy which was settled land

  2. a person who was beneficially interested in any trust in whose trustees the tenancy was vested and who was entitled or permitted under that trust to occupy the house by reason of that interest

  3. the personal representatives of a deceased tenant

  4. a member of the family of a deceased tenant who was resident in the house and becomes the tenant of it under the same tenancy

Leases which cannot be extended

It is not possible to extend a lease where:

  1. the house let is ancillary to other land or premises

  2. the house is comprised in an agricultural holding

  3. the tenant’s immediate landlord is a charitable trust and the house is provided