Lease Extension Agreement (England & Wales)

A Lease Extension Agreement in the United Kingdom varies, extends, or brings to an end an existing tenancy and records the terms on which the parties agree to do so, with its requirements set by the Landlord and Tenant Act 1985.

There are two ways in which a leaseholder in England and Wales can extend their lease. The first is the statutory route under the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act), which gives qualifying leaseholders of flats the right to extend their lease by 90 years added to the unexpired term, in exchange for a premium calculated by a statutory formula based on the property's value, the ground rent, and the remaining term. Under the statutory route, the new lease carries a peppercorn ground rent (effectively zero) for the extended term, in accordance with the Leasehold Reform (Ground Rent) Act 2022. The second route is the informal or voluntary route, where the leaseholder and freeholder negotiate the extension privately, agreeing on the additional years, the premium, and any other variations to the lease terms, without using the formal statutory machinery.

The Leasehold Reform (Ground Rent) Act 2022, which came into force on 30 June 2022, fundamentally changed the law on ground rents in England and Wales. Under that Act, any new regulated lease — including a lease extension of a residential flat — must have a ground rent of zero (a peppercorn). Charging a ground rent above a peppercorn in a regulated lease is a criminal offence under section 3 of the Act, punishable by a fine of up to £30,000 per lease. This prohibition applies to both statutory extensions under the 1993 Act and to informal extensions of residential leases granted on or after 30 June 2022.

A Lease Extension Agreement must be executed as a deed under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, since it creates or varies an interest in land for a term exceeding three years. The extended lease must be registered at HM Land Registry, and the leaseholder must pay any applicable Stamp Duty Land Tax (SDLT) in accordance with the Finance Act 2003. The Leaseholder Reform and Urban Development Act 1993 also requires the leaseholder to pay the freeholder's reasonable legal and valuation costs incurred in dealing with the statutory notice and completing the extension.

The Leasehold and Freehold Reform Act 2024, which received Royal Assent on 24 May 2024, introduces further reforms to the leasehold system, including extending the 90-year statutory lease extension right to houses (not just flats), removing the two-year ownership requirement for leaseholders wishing to claim a statutory extension, and reforming the premium calculation method. However, many provisions of the 2024 Act are subject to secondary legislation and a detailed commencement timetable, and legal advice should be sought as to which provisions are in force at the time of any particular extension.

A Lease Extension Agreement is needed when the owner of a leasehold property in England or Wales wishes to increase the unexpired term of their lease — either to protect the property's value, to satisfy a mortgage lender's requirements, or to exercise their statutory right under the Leasehold Reform, Housing and Urban Development Act 1993.

The most common situation triggering a lease extension is the decline in property value as the unexpired term shortens. Most mortgage lenders require a minimum unexpired term on a residential leasehold of at least 70 to 85 years at the end of the proposed mortgage term. When the remaining term falls below 80 years, the premium for a statutory extension increases significantly because the freeholder becomes entitled to claim a share of the 'marriage value' — the increase in property value resulting from the extension — under the 1993 Act. As a result, it is generally financially advantageous for leaseholders to begin the extension process before the unexpired term falls below 80 years. Once it does, the formula-based premium rises sharply, making the extension more expensive.

A lease extension is also needed when a leaseholder wishes to sell their property and the buyer's solicitor or mortgage lender identifies that the remaining term is too short. Short-lease properties are harder to sell, attract lower prices, and may not be mortgageable at all. In these circumstances, the seller may need to negotiate a lease extension before or simultaneously with the sale.

For leaseholders considering the statutory route under the 1993 Act, the qualifying conditions must be checked carefully. The leaseholder must have owned the flat under a long lease (originally granted for more than 21 years) for at least two years before the Section 42 notice is served (though this two-year requirement is expected to be removed once the relevant provisions of the Leasehold and Freehold Reform Act 2024 are brought into force). The flat must be within a building in England or Wales, and must not be business or commercial premises.

For commercial leases, the statutory right to extend does not apply, and any extension must be negotiated informally with the landlord. Commercial tenants with security of tenure under the Landlord and Tenant Act 1954 may have the right to renew (not extend) their business tenancy on the expiry of the contractual term, but this is a different right from a lease extension and involves a different legal process. This template is primarily designed for residential and mixed-use leasehold extensions in England and Wales.

A well-drafted Lease Extension Agreement for England and Wales must include the following key elements to be legally valid and commercially effective.

1. Parties: The Agreement must identify the freeholder (or competent landlord under the 1993 Act for intermediate leases) and the leaseholder with their full legal names and current addresses. Where the property is subject to a mortgage, the mortgage lender should be identified and their consent confirmed.

2. Recitals: The recitals must describe the existing lease in sufficient detail to identify it unambiguously — including the original parties, date, term, and the title numbers at HM Land Registry for both the leasehold and freehold titles. For statutory extensions, the recitals should identify the Section 42 notice (the leaseholder's initial notice of claim) and confirm that this Agreement is entered into in satisfaction of that claim.

3. Extended term: The Agreement must state precisely the duration of the extended term. For statutory extensions under the 1993 Act, this is 90 years added to the unexpired term on the date the Section 42 notice was served. For informal extensions, the parties may agree any additional term. The new expiry date of the extended lease must be stated clearly.

4. Ground rent: For all residential lease extensions granted on or after 30 June 2022, the ground rent for the extended term must be a peppercorn (zero) under the Leasehold Reform (Ground Rent) Act 2022. The Agreement must confirm this explicitly. For commercial leases outside the scope of the Act, the agreed nominal ground rent (if any) must be specified.

5. Premium: The premium payable by the leaseholder to the freeholder must be clearly stated. For statutory extensions, the premium is determined by the statutory formula under Schedule 13 to the 1993 Act, and the parties should have obtained professional valuations before agreeing the amount. The Agreement must state the premium amount, the due date for payment, and confirm that receipt of the premium is acknowledged.

6. Freeholder's costs: The Agreement must address the leaseholder's obligation to pay the freeholder's reasonable legal and valuation costs, which is a statutory requirement under the 1993 Act for statutory extensions, and a standard commercial term for informal extensions.

7. Stamp Duty Land Tax and registration: The Agreement must confirm the leaseholder's responsibility for any SDLT arising and for registering the extended lease at HM Land Registry. Under section 4 of the Land Registration Act 2002, an extended lease with more than seven years remaining must be registered at HM Land Registry.

8. Mortgage lender consent: Where the property is mortgaged, the Agreement should confirm that the mortgage lender's consent has been obtained. Failure to obtain consent may constitute a breach of the mortgage conditions.

9. Governing law and execution as a deed: The Agreement must be governed by the laws of England and Wales and executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, with witness signatures for individual signatories.

The United Kingdom Lease Extension Agreement (England & Wales) template reflects the requirements of the Leasehold Reform, Housing and Urban Development Act 1993, the Leasehold Reform (Ground Rent) Act 2022, the Law of Property Act 1925, and the Land Registration Act 2002. The forms-legal.com Lease Extension Agreement (England & Wales) template covers the mandatory elements under Landlord and Tenant Act 1985.