Reference Guide

Leasehold Glossary

Leasehold law is filled with complex jargon. This A–Z glossary defines the key terms used by solicitors, surveyors, and landlords to help you understand your rights and your property.

A

Apportionment

The fair division of service charges or ground rent between a buyer and seller at the point of sale, calculated based on the number of days each owned the property.

Abstract of Title

A summary of the history of ownership of a property, showing the chain of "title deeds" before land was centrally registered.

Arrears

Money that is owed and should have been paid earlier, such as unpaid service charges or ground rent.

B

Building Insurance

Insurance covering the structure of the building. In leasehold flats, this is usually arranged by the freeholder and charged back to leaseholders.

Breach of Lease

Failure to follow the rules (covenants) set out in the lease agreement, which can lead to legal action or forfeiture.

C

Capitalisation Rate

The interest rate used by surveyors to calculate the present value of the future ground rent income a landlord will receive.

Commonhold

An alternative to leasehold where occupants own their flat indefinitely and belong to a community association that manages the building.

Competent Landlord

The person or entity with a long enough interest in the property to legally grant a lease extension (usually the freeholder).

Covenant

A binding rule or promise contained within a lease, such as a requirement to pay rent or a ban on wooden flooring.

D

Deed of Variation

A legal document used to change the terms of an existing lease, such as correcting an error or updating a ground rent clause.

Deferment Rate

The rate used in valuations to represent the fact that the landlord has to wait until the end of the lease to get their property back (often 5% for flats).

Demised Premises

The specific boundaries of the property you own under the lease, usually including the internal space but excluding the main structure and roof.

Diminution in Value

The loss in the value of the landlord’s interest in the property caused by the lease being extended.

E

Enfranchisement

The legal right for leaseholders to act together to buy the freehold of their building from the landlord.

Englobo Value

A valuation term used in collective enfranchisement to describe the value of a group of flats sold as a single lot.

F

First-tier Tribunal (F-tT)

An independent body that settles disputes between leaseholders and landlords regarding service charges, lease extensions, and management.

Forfeiture

The landlord’s legal right to end a lease and repossess the property due to a serious breach of contract by the leaseholder.

Freeholder

The person or company that owns the land and the building outright and indefinitely.

G

Ground Rent

An annual fee paid by the leaseholder to the freeholder for the right to occupy the land.

Gazumping

When a seller accepts a higher offer from a new buyer after already accepting an offer from someone else.

H

Head Lease

A lease granted by the freeholder to a middle-party (the Head Lessee), who then grants "under-leases" to the individual flat owners.

I

Informal Extension

Negotiating a lease extension directly with the landlord outside of the statutory legal process. Can be faster but offers fewer protections.

Intermediate Lease

A lease that sits between the freeholder and the actual occupier of the flat.

L

Land Registry

The official government database that records the ownership of land and property in England and Wales.

LPE1 Form

The "Leasehold Property Enquiries" form completed by a landlord or managing agent during a sale to provide info on service charges and works.

M

Managing Agent

A professional company hired by the landlord or a Right to Manage company to handle the day-to-day running of the building.

Marriage Value

The extra profit created by extending a lease. If the lease has under 80 years left, the leaseholder must pay 50% of this "profit" to the landlord.

P

Peppercorn Rent

A rent of zero financial value. It satisfies the legal requirement for a contract to have an exchange of value without requiring actual payment.

Premium

The price paid by a leaseholder to the landlord to buy a lease extension or the freehold.

Q

Quiet Enjoyment

A legal covenant giving the leaseholder the right to live in the property without unnecessary interference from the landlord.

R

Relativity

A percentage used in valuations to compare the value of a leasehold property to its freehold equivalent.

Reserve Fund

A pot of money collected from leaseholders over several years to pay for large, infrequent costs like roof repairs (also called a Sinking Fund).

Right to Manage (RTM)

A legal right allowing leaseholders to take over the management of their building from the landlord without buying the freehold.

S

Section 20 (S20)

A mandatory consultation process that landlords must follow before carrying out works costing any one leaseholder more than £250.

Section 42 (S42) Notice

The official legal notice served by a leaseholder to the landlord to start the formal (statutory) lease extension process.

Service Charge

Payments made by leaseholders to cover the cost of maintaining, repairing, and insuring the building.

Statutory Extension

A lease extension carried out under the 1993 Act, giving the leaseholder an extra 90 years and reducing ground rent to zero.

T

Term

The number of years for which a lease is granted (e.g., a 125-year term).

Tripartite Lease

A lease involving three parties: the landlord, the management company, and the leaseholder.

V

Vesting Order

A court order used to extend a lease or buy a freehold when the landlord is "missing" or cannot be contacted.

Y

Yield

The annual return on an investment, expressed as a percentage. Used by surveyors to value ground rent income.

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