The 1993 Act Lease Extension Process — Step by Step

Why Use the Statutory Route?

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the legal right to extend their lease on fixed terms — 990 years added to the existing term (following the 2024 reforms), ground rent reduced to a peppercorn, and a premium determined by a statutory formula. Unlike the informal route, the freeholder cannot simply refuse; they must engage with the process and accept the statutory terms.

Step 1 — Establish Eligibility

To use the 1993 Act, you must:

• Hold a long lease (originally granted for more than 21 years)
• Be the registered owner of a flat (houses are covered by separate legislation)
• The two-year ownership requirement has been **removed** by the Leasehold and Freehold Reform Act 2024, so you can now serve notice as soon as you complete your purchase

Step 2 — Instruct a RICS Surveyor

Before serving any notice, instruct a RICS-qualified surveyor who specialises in leasehold enfranchisement. They will prepare a valuation of the premium and advise on a reasonable opening figure for your Section 42 notice. Serving notice with an unrealistically low premium can complicate negotiations later, though it is not fatal to the claim.

Step 3 — Instruct a Solicitor and Serve the Section 42 Notice

Your solicitor prepares and serves the **Section 42 notice** (also called the tenant's notice or initial notice) on the freeholder. This notice must include:

• Your name and address
• The address of the flat
• Full details of your lease
• The premium you are proposing to pay
• The terms of the new lease you are requesting
• A response deadline — the freeholder must respond within **two months** of service

The notice must be served correctly; errors in form can invalidate it and trigger a penalty if you wish to re-serve within the same 12-month period.

Step 4 — The Freeholder's Counter-Notice

Within two months of receiving your notice, the freeholder must serve a **counter-notice**. They have three options:

1. Accept your proposed premium and terms

2. Propose a different premium or different terms (most common)

3. Apply to court to deny the claim on specified grounds (rare)

If the freeholder fails to serve a counter-notice in time, you may apply to the County Court for an order granting the lease extension on the terms you proposed.

Step 5 — Negotiation

Once a counter-notice is received, the parties typically negotiate directly (through their surveyors and solicitors) on the premium. Most cases settle at this stage without going to tribunal.

Step 6 — First-tier Tribunal (if required)

If premium negotiations reach an impasse, either party may apply to the First-tier Tribunal (Property Chamber) to determine the terms. The application must be made within **six months** of the counter-notice (or such extended period as the parties agree in writing). The tribunal will hear evidence from both surveyors and determine a binding premium.

Step 7 — Completion

Once terms are agreed (or determined by tribunal), the solicitors proceed to complete the new lease. The premium is paid, and the new 990-year lease is registered at HM Land Registry. Your lender must be notified.

Timelines to Expect

The full statutory process from serving the Section 42 notice to completion of the new lease typically takes **6–18 months**. Tribunal cases can take longer. Budget accordingly and do not let your lease drop below 80 years while the process is running.

Estimate Your Premium First

Use our [Lease Extension Calculator](/lease-extension-calculator) to get an indicative figure before instructing professionals — it helps you understand the financial commitment before you begin.