Buying and selling a leasehold flat: what to check
Buying a leasehold flat means buying the lease, not the building, so there is more to check than with a freehold house. The big things to look at are how many years are left on the lease, the ground rent, the service charges, and whether the building has any safety issues. Get those right and a leasehold purchase is perfectly normal. Miss them and you can inherit an expensive problem.
This guide runs through what to check before you buy, and what to have ready when you sell, so the process goes smoothly. It is not a substitute for a good conveyancing solicitor, but it will help you ask the right questions.
Key takeaways
- Check the lease length first. Anything heading towards 80 years needs careful thought before you buy.
- Find out the ground rent and whether it increases over time, because that affects cost and saleability.
- Ask for the service charge history and whether any major works are planned.
- In taller buildings, check the building safety and cladding position early.
- When selling, getting the management pack and paperwork ready early prevents delays.
What is different about buying leasehold?
With a freehold house you buy the property and the land outright. With a leasehold flat you are buying the right to live there for the remaining years of the lease, while a freeholder owns the building. That means you take on the lease and everything in it: the ground rent, the service charge obligations, and the rules about what you can and cannot do. None of this should put you off, since most flats are leasehold, but it does mean there is a checklist to work through before you commit. If the whole idea is new to you, start with leasehold explained.
Check the lease length
This is the first thing to establish, because it affects value, mortgageability and future cost. A long lease, comfortably over 90 or 100 years, is rarely a worry. The danger zone is a lease approaching or below 80 years, because once it drops under 80 the cost of extending jumps, thanks to marriage value, and many lenders become reluctant to lend at all on short leases.
If you are buying a flat with a shortish lease, do not simply walk away, but do factor in the cost of extending. Sometimes the right move is to ask the seller to extend before completion, or to start the process so the right can be passed to you. Our guide to lease extensions explains the cost and the timing, and it is worth reading before you offer on a flat with a lease under about 90 years.
Check the ground rent
Find out how much ground rent the lease requires and, just as importantly, whether it increases over time. A modest fixed ground rent is usually a minor issue. A ground rent that doubles every ten or fifteen years is a red flag, because it can grow into a serious cost and can make the flat hard to sell or mortgage later. Leases granted from June 2022 generally have no ground rent at all, and the government has proposed capping existing ground rents, but that cap is not yet in force, so check the actual figure in the lease in front of you. Our ground rent guide explains the rules in full.
Check the service charges and major works
Ask for the last few years of service charge accounts so you can see what the running costs are and whether they have been rising. Then ask the crucial forward-looking question: are any major works planned or being discussed, such as a new roof, lift replacement or external redecoration. A large works bill can land soon after you move in, and you do not want it to be a surprise. Also ask whether there is a reserve fund, which spreads the cost of big jobs, and whether there are any current service charge disputes. Our service charges guide covers your rights here.
Check building safety and cladding
If the flat is in a taller block, broadly one at least 11 metres or five storeys, check the building safety position before you commit. Find out whether any fire safety or cladding defects have been identified, whether remediation is planned or funded, and whether the building has the documentation lenders look for. This area is complex and it can affect both your mortgage and your ability to sell later, so treat it as a serious part of your checks rather than an afterthought. Our building safety and cladding guide explains who pays and what the protections are.
The management pack and the LPE1 form
When you buy a leasehold flat, your solicitor will ask the freeholder or managing agent for a pack of information about the building and its management. The standard form used for this is known as the LPE1, the Leasehold Property Enquiries form, and it covers things like the service charge accounts, ground rent, insurance, any disputes and planned works. This pack is essential to a leasehold purchase, and waiting for it is often what slows a sale down, because managing agents can be slow to produce it and may charge a fee. Knowing it exists, and chasing it early, helps keep the transaction moving.
Permissions and restrictions in the lease
The lease sets the rules for living in the flat, and they vary. Common restrictions include needing the freeholder’s consent to make alterations, to sublet, or to keep a pet, and there may be fees attached to giving that consent. None of these are necessarily dealbreakers, but you want to know about them before you buy, especially if you plan to let the flat out or carry out work. Ask your solicitor to flag anything unusual in the lease rather than assuming it will be standard.
Selling a leasehold flat
Selling runs more smoothly when you prepare early. Order the management pack from your agent as soon as you decide to sell, since it is the most common cause of delay. If your lease is getting short, think about whether to extend before marketing, because a short lease puts buyers off and narrows the pool of lenders, and a buyer may try to negotiate the price down to cover the cost. Have your ground rent and service charge information to hand, along with any building safety documents if your block needs them. The more of this you can answer up front, the fewer the delays once a buyer is found.
Frequently asked questions
Is it a bad idea to buy a leasehold flat?
No. Most flats in England and Wales are leasehold, and millions of people own them without trouble. The key is to check the lease length, ground rent, service charges and any safety issues before you buy, and to use a good conveyancer. An informed purchase is a perfectly sensible one.
What lease length should I look for?
Longer is better and less hassle. A lease well over 90 or 100 years is usually fine. Below about 90 years, factor in the cost and timing of an extension, and treat anything near or under 80 years as needing careful thought, because extending becomes more expensive at that point.
Why is the sale taking so long?
Leasehold sales often stall while everyone waits for the management pack from the freeholder or managing agent. Ordering it early and chasing it is the single best thing you can do to keep things moving.
Should I extend the lease before selling?
If your lease is short, often yes, because a longer lease widens the pool of buyers and lenders and avoids a price chip. But it depends on the numbers and timing, so get a valuation and advice before deciding. See lease extensions.
What to do next
If you are buying, get the lease length, ground rent and recent service charge accounts before you offer, and ask about planned major works and, for taller blocks, building safety. Use a conveyancer experienced in leasehold and read anything they flag in the lease. If you are selling, order the management pack straight away and consider whether a lease extension would make the flat easier to sell. For the underlying rules behind all of this, our leasehold explained guide ties everything together.
This guide provides general information about buying and selling leasehold flats in England and Wales. It is not legal advice, and it is not a substitute for a conveyancing solicitor. For advice on a specific purchase or sale, instruct a solicitor experienced in leasehold, and for general guidance see a specialist such as the Leasehold Advisory Service (LEASE). Last reviewed [date]; reviewed whenever the law changes.