The Dulwich Estate

Lease extensions

Most leases granted by The Dulwich Estate were originally for 99 years. These can be extended under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993; alternatively the Estate will consider applications made outside the Act.

If you have owned your lease for two years, you are able to serve a Notice under Section 42 of the 1993 Act, requesting an extension of 90 years to the existing term of your lease. As soon as this application is received, we instruct our surveyors to carry out a valuation of the premium to be paid for the new lease, and this will be negotiated either directly with you or your surveyors. Our solicitors will be instructed to make contact with your solicitors at the same time. It takes about four months from start to finish. The lessee is liable for our costs in dealing with the lease extension regardless as to whether or not the new lease is completed.

If you have owned your lease for a shorter period, the process is the same after we receive your request for a new lease, but we will require either an undertaking on costs from your solicitors or payment from you of the costs, before instructing our surveyors and solicitors. These basic costs (assuming that the matter does not become protracted) total £1,887.50 and comprise:

Surveyors' fees £ 881.25
Solicitors' fees £ 881.25
Administration fee £ 125.00

In both the above cases, the new lease will be on identical terms to the existing lease, other than the term being extended by 90 years. The only additional clause will be a provision for the Estate to determine the lease on the expiry date of the original lease, if the property is required for redevelopment.

In addition to the right of an individual lessee to extend his/her lease, the 1993 Act provides a route for lessees collectively to acquire the freehold interest in their property. These provisions have been amended and expanded, particularly by the Commonhold and Leasehold Reform Act 2002, and lessees should ensure they have appropriate legal and valuation advice to guide them through the procedure.

Where lessees collectively acquire the freehold, the property will become subject to the Scheme of Management.

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