An individual statutory lease extension under Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 gives a qualifying flat leaseholder a new lease that:
- adds 90 years to the current unexpired term, and
- reduces the ground rent to a peppercorn (i.e. nothing).
Once the Leasehold and Freehold Reform Act 2024 provisions commence, this becomes 990 years and the qualifying period drops from two years' ownership to none. This guide covers both regimes and flags where you should time your notice around commencement.
Qualification
- The lease must originally have been for more than 21 years.
- You must have owned the lease for at least 2 years (removed by 2024 Act, subject to commencement).
- The premises must be a flat (not a house — houses go under Chapter I).
The Section 42 Initial Notice
Contains:
- your name and current lease details;
- the premium you propose (must be a realistic figure — a knock-down "£1" invalidates the notice);
- landlord's deadline to serve a counter-notice (min 2 months).
Register the notice against the freehold title as a Notice of Application to protect your position on sale.
The premium — the same three limbs
Term + reversion + (if under 80 years) marriage value. See our [full enfranchisement premium walkthrough](/guides/leasehold-enfranchisement-costs-and-premium-calculator-2026). For a typical Zone 2 flat with 90 years unexpired and £250 ground rent, expect £8–£20k; short leases (60–70 years) can hit £40–£80k+ with marriage value.
Costs
- Your valuer: £800–£1,500
- Your solicitors: £1,500–£3,500
- Landlord's s.60 costs (valuation + legal on the grant): £1,500–£3,500 typically — abolished prospectively by the 2024 Act.
Timeline
- Serve s.42 Initial Notice.
- Landlord serves Counter-notice within 2 months.
- Negotiate premium and terms.
- If not agreed within 2 months of counter-notice, apply to FTT within a further 4 months.
- Complete within 4 months of terms being agreed or determined.
Typical uncontested extension: 4–8 months.
Should you extend now or wait for commencement?
Two competing forces:
- In favour of waiting: 990 years is materially better than 90; marriage value abolition helps if you are under 80 years unexpired.
- In favour of acting now: your lease continues to shorten while you wait; commencement timing remains uncertain; conveyancing pipelines will lengthen sharply on switch-over.
If you are above 82 years unexpired and comfortable with pricing risk, waiting is often rational. If you are at 80–82 years, extend now and lock in the current mechanics rather than gamble across the marriage value threshold.
Cross-links
- [Enfranchisement premium calculator explained](/guides/leasehold-enfranchisement-costs-and-premium-calculator-2026)
- [Leasehold Reform Act 2024 in plain English](/guides/leasehold-and-freehold-reform-act-2024-what-changed-and-when)
Frequently asked questions
Do I need to have lived in the flat to extend?+
No — the 1993 Act is a qualification-by-ownership regime, not residence.
What if the freeholder cannot be found?+
You apply to the County Court for a vesting order dispensing with service. It adds 3–6 months but is routine.
Can I sell during the extension?+
Yes — you can assign the benefit of the s.42 notice to the buyer, keeping the qualifying period.
Is a voluntary extension ever better?+
Only where the landlord offers materially below-market terms and drops all costs. Verify against a s.42 valuation before signing away statutory rights.
Does extending remove ground rent forever?+
Yes — the new lease has a peppercorn ground rent for the whole term.
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