Jul 31, 2022 By Susan Kelly
A legal arrangement that extends the length of an existing lease or rental agreement is referred to as a lease extension. An extension is typically offered immediately before a contract expires, although it is not a need in a commercial partnership. They are frequent in interactions between commercial and residential property owners and their renters and between parties who lease cars, machinery, plants, and other equipment.
An agreement requiring the lessee, or user, to make regular payments to the lessor, or property owner for the use of property, is known as a lease. Leasing is frequent, whether it's a rental property, a piece of machinery, or a plant. When the item being rented is tangible property, the rental agreement may be referred to as such.
The lessor and the lessee have a few choices when their leases are up. For this option, you may need to alter the conditions of your new lease. Extending the lease term is the final option available to you. However, the original lease conditions usually remain in effect, although an extension tends to have a shorter length. So the landlord of a residential rental property may preserve the actual lease conditions, such as the rental amount owed, but prolong the tenancy duration for the lessee.
A landlord and a tenant can agree to an extension of their lease. Landlords may grant lease extensions in this situation if both parties agree to the attachment. Car dealerships may also provide lease extensions to lessees. How long will it take for the automobile to be returned to the dealership? Lessors may choose to acquire or start a new lease after that period. The dealership may extend the old lease if the new replacement car has not yet arrived.
A property's market value will rise due to a lease extension. Extending a lease preserves its value against depreciation, which occurs as the lease period nears its end. The lease must have at least 60 years remaining; otherwise, most banks would not offer a mortgage to a prospective buyer; also, properties with longer leases are inherently more desirable to buyers. A lease extension may also give the lessee a chance to discuss forthcoming alterations to the lease agreement.
A lease should ideally be renewed before it expires, at the latest, at the end of its original period of 80 years. The cost of a lease extension rises exponentially with the remaining length of the lease. When the remaining time is less than 80 years, the freeholder is allowed to add half of the "marriage value" to the price calculation.
A trained valuer should be consulted before a leaseholder considers a lease extension. This will give you an idea of the cost of the lease extension. The valuer can estimate the leaseholder's maximum and minimum payments. A lease extension seldom comes with a set price unless the parties can agree on one through discussion, in which case the lessee must still be informed of an expected price range before signing on the dotted line.
On the LEASE website, there is a lease extension calculator that can offer a preliminary estimate of the cost: Additionally, the leaseholder will have to pay their legal fees and the freeholder's reasonable expenditures for hiring lawyers and other specialists. To be clear, this does not include any legal or administrative costs related to FTT matters.
To make up for the time remaining on their current lease, the Leasehold Reform Housing and Urban Development Act (LRHUDA) 1993 allows most tenants the option to get a new lease with a length of 90 years. The landlord can only charge a peppercorn fee to avoid a hefty ground rent.
There must be at least two years of property ownership to qualify for a leaseholder's legal right to lease extension. This should not hinder the lease extension, but the tenant must identify the 'competent landlord,' who has the right to deal with the request for an extension of the lease.
Once an application for a lease extension is lodged, it will be put on hold until the other leaseholders have finished their collective effort to purchase the property's freehold, which may take many months. If the enfranchisement procedure is successful, all current leaseholders will be awarded long-term leases, eliminating the need for a lease extension request.
If several parties are involved, and there is agreement on the premium and precise terms, extending a lease may take some time. A statutory lease extension has a set timeline that must be followed. It usually takes several months from the moment notice is served to the time the lease extension is finalized.