Lease Extension - Tenant

  • Filter
  • Time
  • Show
Clear All
new posts

    Lease Extension - Tenant

    Hello all,

    I hope someone can help me. I bought a flat and my solicitor had arranged to serve the lease extension notice before completion which was signed by the leaseholders solicitor. We have completed the purchase and my solicitor is dealing with the lease extension. The freeholders solicitor is looking for any reason to not proceed. He is now claiming that we need to show that the previous leaseholder had expressly authorised their solicitor to sign on behalf of the leaseholder. The solicitor had only received an email from their client authorising them.

    My solicitor is saying this is acceptable, however the freeholders solicitor is saying this is not 'express authority'.

    Can someone help with the rules and procedure for when the lease extension notice is signed on behalf of the leaseholder by their solicitor.

    Thank you.

    What is express authority ?

    Better to make a complaint to the SRA and the Law Commission which is holding a public consultation

    See item 10.3 in the free guide :


      They are saying express means written and signed in wet ink. they are not even accepting emails. Do you know what the rules are with giving authority. Surely a solicitor can sign the notice if he has authority whether that authority is written or not.


        Here is the view of another solicitor about serving notice by email but its not the same situation as your situation where the email is from you to your own solicitor :


          I believe, by default, the Law of Property Act 1925 applies, and many leases explicitly say that notices may be delivered by the means specified there. Not surprisingly, for a 1925 Act, email is not a valid option for formal notices.


            It's a lot of nonsense. Presumably solicitor billed the lessee for the work? Then how would he be paid unless he had authority.

            I would threaten freeloader with FTT.


              Thank you for all your comments. Hopefully I will be able to challenge them. Thanks again everyone.


                If the seller served a Section 42 notice at the time the lease was transferred to you then you should be entitled to apply for a statutory lease extension without waiting 2 years. As there is no prescribed format for a Section 42 I cannot see how the freeholder's solicitors point about 'expressly signed' is valid. Contact LEASE for advice.


                Latest Activity


                • Long Lease Forfeit
                  The freeholder might be trying to forfeit my long term residential lease for a breach of covenant. I was wondering if I am right in thinking I do not have to worry about peaceable re-entry (ie the locks being changed when I am not there).
                  17-02-2019, 19:59 PM
                • Reply to Long Lease Forfeit
                  A nuisance would normally have to be something for which the authorities have taken action. Annoyance would be a lower threshold, but almost impossible to get forfeiture for, and a difficult covenant to enforce, other than by peer pressure.

                  I would expect unsubstantiated rumours to be...
                  17-02-2019, 20:28 PM
                • Reply to Long Lease Forfeit
                  Possibly the Causing a Nuisance to Other Residents. Well it is actually fairly complex because it is due to an untrue rumour someone has spread about me which is causing other residents to worry about their personal safety, I wouldnt be at all suprised if this didnt end up as case law
                  17-02-2019, 20:12 PM
                • Reply to Long Lease Forfeit
                  A long residential lease cannot be forfeited unless the First Tier Tribunal has confirmed that the covenant has been breached. Generally they will only allow forfeiture if you fail to take action that they require. That is likely to be to rectify or compensate for the breach. If you can't afford...
                  17-02-2019, 20:11 PM
                • Reply to Long Lease Forfeit
                  May we know what covenant you breached?
                  17-02-2019, 20:01 PM
                • Section 20 despite long term neglect of the buildings
                  For the last 6 months myself and fellow residents have been trying to defend ourselves against freeholder company with S20 work. Incredibly frustrating as they seem to not have the answers to the most basic questions.

                  Current estimate of work is £15k for each household.
                  17-02-2019, 18:51 PM
                • Freeholder duties
                  I am trying to sell my flat for which I have a shared freehold with the 2 other flats in the block.

                  Today I have been informed that one of the freeholders is refusing to complete and return the TR1 (and another form I believe is the PR1?). Without this we are unable to continue with the...
                  15-02-2019, 18:49 PM
                • Reply to Freeholder duties
                  My understanding is if you own a share of the freehold you can’t just transfer your share to the new buyers, so effectively the whole freehold needs to be transferred which requires the TR1 form (happy to be corrected if this is not the case).

                  I do believe the LPE form only needs completing...
                  17-02-2019, 17:44 PM
                • Replacing RMC with RTM
                  In seven days time we have a residents meeting to decide on the future of our apartment blocks; one with nine apartments, one with four apartments, thirteen total. They are about three meters apart physically. Our freeholder liquidated in 2012 and the lender took over as default who then set up an RMC...
                  11-02-2019, 16:11 PM
                • Reply to Replacing RMC with RTM
                  My comment at #17 was intended for Centurino, he may not have seen the moderator when he gets angry ...
                  17-02-2019, 16:37 PM