Leasehold: Your Rights as a Leaseholder
Data last checked on .
Checked against GOV.UK and legislation.gov.uk. Edited by Steven Butler.
All the pages checked
- GOV.UK, Leasehold property
- GOV.UK, Leasehold toolkit (England)
- legislation.gov.uk, Leasehold Reform (Ground Rent) Act 2022, section 9
- legislation.gov.uk, Leasehold Reform (Ground Rent) Act 2022, section 4
- legislation.gov.uk, Landlord and Tenant Act 1985, section 19
- legislation.gov.uk, Landlord and Tenant Act 1985, section 20
- legislation.gov.uk, Service Charges (Consultation Requirements) (England) Regulations 2003, regulation 6
- legislation.gov.uk, Service Charges (Consultation Requirements) (England) Regulations 2003, Schedule 4
- legislation.gov.uk, Service Charges (Consultation Requirements) (England) Regulations 2003, regulation 2
- legislation.gov.uk, Leasehold Reform, Housing and Urban Development Act 1993, section 56
- legislation.gov.uk, Leasehold Reform, Housing and Urban Development Act 1993, Schedule 13
- legislation.gov.uk, Commonhold and Leasehold Reform Act 2002, section 79
- legislation.gov.uk, Commonhold and Leasehold Reform Act 2002, section 72
- legislation.gov.uk, Commonhold and Leasehold Reform Act 2002, section 76
- legislation.gov.uk, Commonhold and Leasehold Reform Act 2002, Schedule 6
- legislation.gov.uk, Commonhold and Leasehold Reform Act 2002, section 167
- legislation.gov.uk, Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (England) Regulations 2004, regulation 2
- legislation.gov.uk, Housing Act 1996, section 81
- legislation.gov.uk, Leasehold and Freehold Reform Act 2024
- legislation.gov.uk, Landlord and Tenant Act 1927, section 19
You only own a leasehold property for a fixed period of time. Your lease, a legal agreement with the landlord (sometimes known as the freeholder), tells you how many years you will own the property, and ownership returns to the landlord when the lease comes to an end. Around 5 million homes in England and Wales are leasehold, primarily flats.
- ✓Leasehold means you own a right to occupy your property for a set time, but not the land it sits on.
- ✓When there are 80 years or less remaining on your lease, the cost of extending it increases significantly.
- ✓If your lease was granted on or after 30 June 2022, you usually cannot be charged anything more than a peppercorn ground rent, which has a value of zero.
- ✓A landlord who charges more than a peppercorn rent on a regulated lease can face a financial penalty of between £500 and £30,000.
- ✓If you pay a service charge, you can ask for a summary showing how it is worked out and what it is spent on, and see the paperwork behind it.
Where to go next
Frequently asked questions
My lease has 70 years left, is that a problem?
When there are 80 years or less remaining on your lease, the cost of extending it increases significantly. You can ask the landlord to extend your lease at any time. You might be able to extend your lease by 90 years on a flat, or 50 years on a house, if you qualify.
Can my freeholder increase the service charge by any amount?
No. Under section 19 of the Landlord and Tenant Act 1985, relevant costs count towards a service charge only to the extent that they are reasonably incurred, and works or services only if they are of a reasonable standard. You may be able to apply to a tribunal if you think a charge is unreasonable.
My freeholder is threatening forfeiture, what does that mean?
It is very rare that a landlord can end the lease and evict you. Forfeiture proceedings need a formal written notice and the court's permission. For a service charge or administration charge, a landlord may not forfeit unless a tribunal or court has finally determined that the amount is payable, or you have admitted that it is. The draft Commonhold and Leasehold Reform Bill would abolish the rules that mean a leaseholder can lose their home over minor breaches of the lease, and replace them with a proportionate enforcement regime. In England, a landlord under a long lease of a dwelling may not forfeit for unpaid rent, service charges or administration charges unless the unpaid amount exceeds £350 or includes an amount outstanding for more than three years.
Does the Leasehold and Freehold Reform Act 2024 apply to me now?
The Act received Royal Assent on 24 May 2024. The government is implementing it as quickly as possible through an extensive programme of secondary legislation. The two year ownership requirement for lease extensions and freehold purchases has gone since January 2025. The reforms to the enfranchisement scheme need technical flaws fixed through primary legislation before they can be implemented.
What happens when a leasehold runs out?
Ownership of the property returns to the landlord when the lease comes to an end. If your lease expires, this does not mean you automatically have to leave the property, but you will have less rights and legal protections. Get urgent advice if your lease is about to run out.
Can I rent out my leasehold flat?
Your lease tells you what conditions you have agreed, so check it before you let the flat. Where a lease contains a covenant against underletting without licence or consent, the law treats it as subject to a proviso that consent is not to be unreasonably withheld, though the landlord can require payment of a reasonable sum for legal or other expenses.
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