Can a Freeholder Refuse To Extend My Lease?

If you’re a flat leaseholder looking for a lease extension, there’s one question that’s probably on your mind—can your landlord refuse to extend your lease?

In this article, we’ll answer that question and dive into more details about when your freeholder can refuse lease extensions and when they are required by law to grant them. Hopefully by the end of this guide, you’ll have all your questions answered and the information you need to proceed.

Can a Freeholder Refuse To Extend My Lease?

In the UK, a freeholder cannot outright refuse to extend your lease if you meet certain legal criteria, as defined under the Leasehold Reform, Housing and Urban Development Act 1993. This law gives most leaseholders of flats the right to extend their lease by 90 years, provided they have owned the lease for at least two years and the original lease was for more than 21 years.

There are, however, a few exceptions to this and situations where a freeholder is within their legal right to refuse a statutory lease extension, which include:

• Non-qualification
• Price disputes
• Additional special circumstances

When Can a Freeholder Refuse To Extend My Lease?

Non-qualification

Additionally, leases that were originally granted for less than 21 years do not qualify under the statutory right to extend. 

If you do qualify under the law, the freeholder cannot refuse the extension outright but may negotiate on terms like the premium, potentially leading to delays or disagreements

Previously, you were unable to extend your lease if you hadn’t owned your flat for at least two years, but as of legislation brought in in February 2025, this no longer disqualifies you.

Price disputes

The freeholder may dispute the premium (cost) for the lease extension. If this happens, you may need to involve the First-tier Tribunal to determine a fair price. In some cases, professional valuers will need to be engaged by both parties to calculate the cost, which can increase the time and expense of the process. 

Until the tribunal makes a decision, the extension cannot proceed, causing further delays.

Special circumstances

The freeholder could also refuse to extend the lease in other rare cases, such as if the leasehold property is subject to redevelopment plans that would require regaining possession. This is typically permissible only if the freeholder can demonstrate they intend to demolish or reconstruct the property within the next five years.

What To Do If a Freeholder Unfairly Refuses Your Lease Extension

1: Understand your legal rights

As noted, qualifying leaseholders have the legal right to extend a lease under the Leasehold Reform Act 1993. If you meet the criteria and your freeholder refuses or obstructs the process, this may constitute an unlawful denial of your statutory rights. Seeking professional advice is a good first step to understanding your position.

2: Serve a Section 42 Notice

A Section 42 Notice is a formal tenant’s notice served to the freeholder that initiates the statutory lease extension process. This notice must include key details, such as the premium you are proposing to pay, and must be served correctly to remain legally valid.

Once the notice is served, the freeholder is required by law to respond within two months with a Counter-Notice. Failure to respond could allow you to apply to the court to proceed with the extension on your terms.

3: Negotiate terms

After serving the Section 42 Notice, the next step is negotiating terms with the freeholder. This includes agreeing on the premium for the lease extension and addressing any other conditions the freeholder might request. 

Engaging an experienced lease extension valuer can strengthen your position and help ensure that the terms remain fair and within market standards. If the negotiations reach an impasse, the tribunal can assist in resolving the dispute.

4: Apply to the First-Tier Tribunal (Property Chamber)

If the freeholder refuses to cooperate or you cannot agree on the terms of the extension, you can apply to the First-Tier Tribunal (Property Chamber). The FTT acts as an impartial body that determines fair terms for the lease extension, including the premium.

This process requires evidence from professional valuers and legal representatives, so it’s essential to be well-prepared. Once the tribunal has made its decision, the freeholder is legally bound to comply

5: Buy your freehold

If you qualify to extend your lease, it’s highly likely you also qualify to buy your freehold. This process, known as collective enfranchisement, allows leaseholders in flats to purchase the freehold jointly with other qualifying tenants. It brings you to the ‘gold standard’ of flat ownership in England & Wales, and permanently solves problems that extending your lease can only address temporarily.

Once the freehold is acquired, you and your fellow leaseholders can grant yourselves lease extensions without incurring additional fees. This can be particularly beneficial in the long term, as it gives you greater control over the property and its management.

For a more detailed estimate of costs and calculations, visit our Freehold Purchase Calculator, which can help you estimate the premium payable when pursuing this option.

Formal vs Informal Lease Extension Process

The formal lease extension process is as outlined above, but you can also opt for the informal route. An informal lease extension request involves negotiating directly with your freeholder without serving a Section 42 Notice. However, the informal route often comes with increased risks, as the freeholder is not legally bound to offer fair terms or adhere to the protections provided to leaseholders by the Leasehold Reform Act 1993.

For instance, freeholders may propose a shorter extension (e.g., 25 or 50 years instead of 90), higher premiums, or onerous terms such as increasing ground rent. Carefully review any informal offer and seek advice from a solicitor or surveyor before agreeing to ensure the terms are reasonable and in your best interests.

Ultimately, the choice between formal and informal lease extension depends on your circumstances, the freeholder’s attitude, and your willingness to negotiate. If you value long-term certainty and legal safeguards, the formal process is typically the better option. However, for straightforward cases where both parties are agreeable, an informal arrangement can save on time, costs and legal fees.

Closing Thoughts

Extending your lease can be a complex process, but understanding your legal rights and the steps involved can help you navigate it successfully. While most freeholders are obligated to comply with statutory lease extension requests, disputes over qualification, price, or special circumstances may arise.

If you’re facing challenges, consider seeking professional guidance or exploring alternative options like purchasing your freehold for greater control and long-term benefits. For full support with freehold purchases, contact us today and let our experts guide you every step of the way.