
What is a leasehold property?
How leasehold works, your rights & issues to be aware of
Millions of people own leasehold properties, but this type of home ownership can be complex. Leasehold tenure has received much negative attention over the years, so the Government is in the process of reforming it. This guide explains how leasehold works, how it's set to change and what to do if something goes wrong.
This guide primarily covers leasehold properties in England and Wales, but it also contains some information for leaseholders in Scotland and Northern Ireland.
Need help extending your lease?
We've got a full step-by-step guide on extending a lease, including how much it costs and what the process involves.
What does leasehold mean?
In England and Wales, there are two main types of property tenure – freehold and leasehold.
In brief, this is what they mean:
Freehold – how it works
Someone who owns the freehold of a property owns the property and the land it stands on, for an unlimited period. The Civil Aviation Act 1982 also means you 'own' and have rights to the 'airspace' above the property up to about 500 feet.
The overwhelming majority of properties in England and Wales are freehold, including most houses as these present a straightforward scenario (one property on that piece of land).
Leasehold – how it works
As a leaseholder you own the property but not the land it stands on – that is owned by the freeholder. Ownership of the property (technically you own a lease, allowing you to occupy the property) is also for a set period, depending on the length of the lease.
If the lease expires then ownership of the property theoretically passes to the freeholder, but in most cases the leaseholder extends the lease long before the lease runs out.
Most flats and apartments are leasehold, with the freehold owned by the builder or a firm they've sold it on to. However, there are some flats (mainly in converted houses) that are sold on the basis the freehold is shared among the flat owners, known as 'share of freehold'.
Some houses have been sold as leasehold in the past, but this practice is now banned.
Quick leasehold questions:
With leasehold properties, the freeholder is normally responsible for the upkeep of communal areas (stairwells, exterior walls, the roof, etc) and the land it's built on.
As a leaseholder you'll normally have to pay a service charge to cover the cost of this upkeep, plus sometimes you'll need to pay ground rent too (more on these later).
The freeholder may appoint a managing agent to manage the property. The agent will usually be paid for from your service charge, so there's no separate cost for this.
Your lease will set out the conditions you've agreed to, including:
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How much you'll have to pay to maintain the property (the service charge).
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If you need permission from the freeholder to make alterations.
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Whether it's you or the freeholder who is responsible for repairs.
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Who deals with other issues such as noisy neighbours.
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Any restrictions, such as on pets, smoking, BBQs and noise.
A lease is a legal document, so if it's breached you could be evicted (this is rare).
There are two types of home insurance – buildings and contents. The freeholder will generally be responsible for paying buildings insurance, but it's not always the case.
Even if the freeholder does arrange buildings insurance, don't think you'll necessarily get it for free – this will probably form part of your service charge.
Leaseholders are normally responsible for getting contents insurance (what's inside your home). It's not a legal requirement, but ignoring it leaves your contents at risk.
There may be a major works service charge on top of your normal service charge.
For example, if you've bought an ex-local authority flat in a block, you may have to pay a service charge for extra work such as upgrading windows or improving lighting.
You won't get the money refunded when you sell your property, but the improvements could help you negotiate a better sale price with your buyer.
Who looks after communal areas – the freeholder or leaseholder?
What are a leaseholder's responsibilities?
Do leaseholders pay for building and home insurance?
Who pays for any major unforeseen works on the property?
What is a 'commonhold' property?
Commonhold is the third – much rarer – type of property tenure in England and Wales.
Essentially a form of community ownership where an apartment building is divided into 'freehold units', each flat offers its own freehold, while common areas (stairwell, walls, roof etc) are managed by a commonhold association, itself owned by the flat owners.
Introduced in 2004, commonhold has so far failed to take off. In March 2025, the Government signalled its intention to spark new life into the commonhold model.
Differences in Northern Ireland and Scotland
Here is how property tenure differs in the other parts of the UK:
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Northern Ireland. It's a similar situation to England and Wales so this guide can help with the basic principles, but there may be nuances in legislation and definitions.
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Scotland. Flats are sold on a similar basis as commonhold properties. Flat owners have their own freehold and common areas are looked after by a paid for 'factor' (company).
Steer clear of leases around 80 years in length
Buying a leasehold home gives you the right to live there for a set period of time, normally decades or centuries.
In the eyes of the law, you're effectively a tenant of the freeholder for that period. That's because you won't technically own the property, you'll own the lease – even though you can still buy and sell the physical property.
Leases below 83ish years in length should ring ALARM BELLS
A lease with a really decent length – think 100 years or longer – can easily add £1,000s or even £10,000s to the value of a leasehold property.
On the other hand, a lease that's under 80 years in length is considered dangerous territory. That's because lenders may be unwilling to give you a mortgage on a leasehold property which has a lease shorter than 80 years, in turn making it difficult to sell or remortgage.
This is why it can become necessary to extend a lease. But extending a lease is often expensive and complicated, and the price goes up the fewer years a lease has left on it.
If you're buying a leasehold property, information about the length of the lease should be provided by the seller. If you're unsure, speak with your conveyancing solicitor.
We want to sear a point onto your brain...
The magic number of years at which leases become much pricier to extend is:

Once a lease drops below 80 years – even by just one day – the freeholder can rake in the cash. That's because after that you'll pay 50% of the property's 'marriage value' (the extra value a lease extension would add to the property) on top of the lease extension price.
If your home's lease has 83 years left, you should really start looking to extend the lease.
If you're buying a leasehold home alarm bells should screech if the lease is near (or below) 80 years – don't just accept promises of easy extensions from sellers and estate agents.
Here are some general traffic light principles about lease lengths:
🔴 Lease of fewer than 80 years – warning, you're in the danger zone. Urgently think about extending your lease if it's near to 80 years. Under 80 years you'll pay 'marriage value' to extend the lease; under 70 years you'll get more expensive mortgage rates; under 60 years your property will be virtually unmortgageable (so you'll struggle to remortgage).
🟠 Lease of 83ish years in length – it's time to consider your options. Leasehold homeowners should start thinking about extending their lease once it gets to 83ish years.
🟢 Lease of 90+ years in length – no need to worry (yet). If there's more than 90 years remaining, the value added to a flat of extending the lease may only be a smidgen more than the costs – see potential added values in our table below. Having said that, who knows what little things can sway people to pay more for one property than another.
The cost of extending a lease rockets when it hits 80 years
This table shows how much it can cost to extend a lease. See how this becomes much more expensive to do once a lease drops below 80 years in length (even by just one day).
CURRENT LEASE LENGTH | EXTENSION COST | PROFESSIONAL FEES (2) | TOTAL | POTENTIAL ADDED VALUE |
|---|---|---|---|---|
90 years | £4,500 | £4,000 | £8,500 | £12,500 |
85 years | £5,500 | £4,000 | £9,500 | £16,500 |
79 years | £13,000 | £4,000 | £17,000 | £19,500 |
70 years | £19,500 | £4,000 | £23,500 | £25,000 |
60 years | £28,000 | £4,000 | £32,000 | £33,000 |
(1) Estimates provided by Homehold. Based on a flat worth £200,000 once the lease is extended, with £100 ground rent rising by £100 every 33 years. These are estimates and can vary wildly – they are not a substitute for valuation advice.
(2) Includes both your and the freeholder's valuation, negotiation and legal fees. Excludes any Stamp Duty cost.
For example, the difference in price between extending an 85-year lease and a 79-year lease is roughly £8,000, while this difference jumps to £15,000 if the lease is 70 years long.
See our How to extend your lease guide for more on the lease extension process.
Common problems with leasehold
The leasehold sector has been beset with negative media attention in recent years, with homeowners complaining of mis-selling and being misled over the terms of their lease.
An investigation by the Competition and Markets Authority (CMA) found evidence of punitive ground rents and service charges and buyers not being told their property was leasehold or how much it would cost to extend the lease / purchase the freehold.
A more recent CMA report again highlighted myriad concerns with service charges, such as their cost, potential to increase significantly and lack of transparency.
Escalating ground rents
Some leaseholders have to pay ground rent, an annual sum (or 'rent') to the freeholder.
Historically this has been a nominal sum, but in recent years some new-build homes have been sold with ground round of £250+, which in the worst cases doubles every few years (meaning a potential bill of £100s or even £1,000s for ground rent).
Some leaseholders have found the terms of their ground rent so punitive that it's made remortgaging or selling their home very difficult. And because ground rent is written into the terms of the lease, it can cost £1,000s in legal fees to have it amended or removed.
As a result, the Government is overhauling the leasehold system to make it easier and cheaper to remove ground rent from a lease. And legislation banning ground rent on new leases took effect in 2022 – meaning new-build leasehold homes can't have ground rent.
Ground rent help:
To find out your current level of ground rent you should:
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If you're already a leaseholder, check the ground rent section of the lease.
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If buying a leasehold home, ask your conveyancer to check for ground rent.
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If the lease says any ground rent increase is linked to an index such as the Retail Prices Index inflation measure, this is generally considered more acceptable to mortgage lenders – so long as it rises at intervals of 15 years or more.
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If the lease does say the ground rent will double at intervals of 20 years or fewer, it's worth seeking legal advice if you want to challenge it. It's also worth checking with neighbours in case they're affected and you can claim together.
A few years ago the CMA secured commitments from two major developers to strike out unfair ground rent clauses, helping thousands of leaseholders.
Taylor Wimpey
The homebuilder agreed to scrap doubling ground rent clauses, meaning people living in Taylor Wimpey homes should see their ground rent remain at its initial level.
Many Taylor Wimpey properties were sold with ground rent that doubled every 10 years. While nobody had lived in their property long enough to see their ground rent double, some homeowners struggled to sell or remortgage because of this clause.
More details in our Taylor Wimpey leaseholders freed news story.
Countryside
This homebuilder also agreed to scrap doubling ground rent clauses, so people living in Countryside homes should see their ground rent remain at its initial level.
This impacts homeowners who bought a property with a ground rent doubling every 10 or 15 years, and those who initially had a lease with a doubling ground rent but saw it changed to ground rent that increased in line with inflation.
A number of businesses which bought the freeholds of Countryside properties have also agreed to these changes. See Gov.uk for the full list of businesses.
More than 40 leading developers and freeholders signed a pledge in 2019 agreeing to free leaseholders trapped with onerous leases. This included where ground rent doubled more frequently than every 20 years, offering a fairer rate linked to RPI.
Of the estimated 12,000 leaseholders affected by aggressively doubling ground rents, a majority are said to be covered by firms who signed up to this pledge.
How can I check what the ground rent is?
Bought a home from Taylor Wimpey or Countryside?
Has your freeholder / developer signed the ground rent pledge?
Expensive service charges
Leaseholders normally pay a regular service charge for the upkeep of common areas in the block or estate. It might also go towards a sink fund to cover the cost of any major works.
Service charges can be a reasonable amount, but we've also heard from people paying £100s, even £1,000s, each year. Like ground rent, service charges are often written into the terms of a lease, and if there's no cap on increases then what you pay can easily spiral.
A 2024 survey by Barclays found only a third of leaseholders recalled being made aware how much service charges would cost them, while only a quarter understood this amount could increase over time (let alone how much their service charge might increase by).
If you pay a service charge, it's important to remember that:
📝 Your lease should explain how the service charge is organised / what can be charged.
📝 You have the right to ask for a summary showing how the charge is worked out and what it's spent on and see any paperwork supporting the summary, such as receipts.
📝 Service charges must be reasonable and fair, which means leaseholders are able to dispute any charges they think are unfair at a tribunal.
As part of the government's overhaul of the leasehold system, leasehold homeowners will become legally entitled to a regular and transparent breakdown of the service charges levied by their freeholder. Leaseholders will also be able to take over the management of their building more easily, meaning they should have more control over maintenance costs.
Lack of information about cost of extending a lease
As explained, extending a lease can cost £1,000s, sometimes £10,000s.
But in the past buyers of new-build leasehold homes haven't always been given sufficient information about leases and the likely costs involved when extending a lease prior to buying the property. Others weren't made aware their property was even a leasehold...
See our Should I extend my lease? guide for more on how the process works.
Quick question:
If a leaseholder dies, any service charge and ground rent won't stop accruing.
Rather, any service charge or ground rent debt accrued will become owed by the deceased's 'estate'. The executor of the deceased's estate will be responsible for ensuring the debt is repaid (possibly by deducting it from the value of the estate).
If you've got concerns about a loved one's estate accruing debt after they've died, it's worth reaching out to the freeholder to see if there's room for negotiation.
Who pays the service charge / ground rent if the leaseholder dies?
New leaseholders rights could help save £1,000s
For years, the Government has been under pressure to take action to help struggling leaseholders and improve the attraction of leasehold homeownership more generally.
As a result, a ground rent ban was introduced in 2022. This ban applies to new leases, essentially meaning new-build homes can't come with ground rent. In addition, the rule preventing leaseholders from being able to extend their lease before they've owned their home for two years has been scrapped – meaning lease extensions can be started sooner.
More importantly, the Government is overhauling the leasehold system to make it cheaper and easier to both extend a lease and purchase a freehold. In brief:
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Leaseholders will be able to extend their lease by 990 years. Currently, you can only extend the lease on a flat by 90 years, on a house by 50 years (and only once).
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Extending a lease will be cheaper – but we don't know by how much yet. Some costs when extending a lease or purchasing a freehold will be capped or abolished, potentially reducing the price by £1,000s.
As mentioned earlier, the new system should also give leasehold homeowners greater transparency over the level of service charge that can be demanded by their freeholder.
However, in November 2024 the Labour Government said the current proposals don't go far enough. So while the broad changes outlined above will likely remain, the decision to rethink means the new leasehold system is unlikely to take effect until at least 2026.
Full details about the proposals can be found in our Should I extend my lease? guide.
I'm planning to extend my lease – should I wait or take action?
This all depends on how urgently you need to extend your lease or buy your freehold.
It doesn't help that there's no clear timescale when the proposed changes to leasehold will take effect. As the overhaul is so complex, it's unlikely to be until at least 2026.
But here are a few general pointers for now:
Leases with LESS than 90 years left to run
Generally speaking, you really should start thinking about extending your lease once it gets to 83ish years in length (and arguably sooner than that).
On the other hand, it could be worth waiting to extend until after the leasehold changes kick in, as extending a lease may be far cheaper by then. But with no clear indication when the changes will actually take effect, waiting comes with an element of risk.
Leases with MORE than 90 years left to run
If your lease has roughly 90+ years left to run then there's no urgency to extend it, meaning you've more incentive to wait until the leasehold changes take effect.
On the other hand, with every passing year even a long lease generally becomes more expensive to extend (a 99-year lease would likely be cheaper to extend than a 97-year lease, even if by a smidgen). Plus, longer leases can be more attractive to buyers.
Be aware it's possible some leaseholders will actually lose out from the changes to the leasehold system. If this happens we'll update this guide, but in the meantime bear this possibility in mind if you are putting off extending your lease.
Should I buy a leasehold property?
It might seem that buying a leasehold property isn't worth the hassle. But far from it. If you've fallen in love with a leasehold property, there's no reason you shouldn't go ahead.
Leases themselves aren't an issue – it's bad leases that are the issue.
Pros of buying a leasehold
There are some pros to buying a leasehold over a freehold, such as:
✅ You shouldn't have to deal with the upkeep and repairs of any communal areas. This will be the responsibility of the freeholder (though do check the terms of the lease).
✅ If you're having any issues, like noisy neighbours, this can usually be dealt with. The terms of a lease normally mean a freeholder can deal with such issues.
✅ Buildings insurance will normally be sorted by the freeholder. Though you'll still have to contribute to the cost – normally in the form of a service charge.
Cons of buying a leasehold
There are some issues that leaseholders may have which freehold homeowners don't:
❌ You might need to pay ground rent or a service charge. Which could be expensive.
❌ You may not be allowed to carry out refurbishments or extensions. This can require consent from the freeholder, and there's no guarantee they'll say yes.
❌ You may not be allowed pets. Some leases or freeholders don't allow them.
❌ You're not always in control of costs. If your freeholder wants to carry out major works, if your lease says you need to share the cost then you'll have to pay your way.
Any other issues should be picked up by your solicitor before you purchase the property, giving you time to change your mind if needed. This is where the primary issue of leasehold lies, in that solicitors and conveyancers haven't always explained the pros and cons.
Leaseholder rights & how to complain
Even if you've carefully checked the terms of your lease, you may still run into issues. There are any number of things that could trigger a dispute with your freeholder and all of them could be grounds for you to complain.
As a leaseholder you have a right to gain information about your service charge and any insurance paid, know the name and address of your freeholder, be consulted about certain maintenance and running costs and challenge certain charges under some circumstances.
Some common causes of disagreement include high service or administration charges, high cost of buildings insurance, poor quality of managing agent (or freeholder), breaches of the terms of a lease and being denied the chance to buy or extend the freehold.
Your freeholder may have appointed a managing agent to act on its behalf. Unless your complaint is about the agent itself, try complaining to the freeholder in the first instance.
What to do if you have a complaint
Step 1. Speak to other leaseholders (informally)
Other leaseholders may have similar issues to you, so it's worth having an informal chat with neighbours. If they've a similar dispute, you can make a stronger case by complaining together. Or if they've successfully complained in the past, they can advise you.
The Leasehold Knowledge Partnership website could also provide some useful tips.
Step 2. Try to resolve any issues with the freeholder directly
Some disputes, especially those that are relatively minor, may be resolved by setting it out in writing to the freeholder, or even doing so face-to-face.
If your freeholder is an individual, it should be fairly simple to contact them. If the freeholder is an investment company, or an individual with a large portfolio of freeholds, they'll likely have appointed a management company – and that's what you should contact initially.
Step 3. Consult your tenants' association (if you have one)
The freeholder must consult your tenants' association about major work and long-term changes to agreements, so the association may be able to guide you in your dispute.
Quick question:
You can apply to the First-Tier Tribunal (Property Chamber – Residential Property) to set one up, but least 60% of the leaseholders in your block need to participate.
Tenants' associations have additional rights and can act on your behalf in disputes.
The Department for Communities and Local Government has a guide with more info.
How do I set up a tenants' association?
Step 4. Use a mediation service to settle the dispute
You can use an independent and impartial mediator to act as a 'middleman' between you and the freeholder to try to settle a case without having to take it to tribunal. The decision isn't legally binding, but you have to go down this route before going to a tribunal.
Typically a company offering mediation services will be accredited by a recognised body and will be a solicitor, surveyor or accountant. The Civil Mediation Council has a searchable database of mediators in your area. The cost will be dependent on how much you're claiming in your dispute, but starts at about £75 plus VAT for a one-hour session.
Step 5. Apply to tribunal
If you've exhausted the options above, you can apply to the First-Tier Tribunal (FTT). This tribunal is independent and will listen (at a hearing) to both sides of an argument before making a decision. Any leaseholder or freeholder can take a case to the tribunal.
If you want help or advice before applying to the tribunal, speak to the Leasehold Advisory Service or Citizens Advice.
Step 6. Appeal if you're unhappy with the outcome
If you're unhappy with the decision, you may be able to appeal to a different tribunal – the Upper Tribunal – but you'll need to have first applied to the FTT.
You must ask the FTT for permission to appeal and you must do this within 28 days of its decision. It may decide to reopen the case itself rather than pass it to the Upper Tribunal.
If your case is complex, hinges on a legal argument or is in respect of a large financial sum, then it may be transferred to the Upper Tribunal without you making an appeal.
Quick questions:
You'll need to fill in and send off the relevant form to your dispute.
You'll then be told whether or not the tribunal requires more evidence from you. If not, you may be told a decision can be made on your application – this is known as a 'paper decision'. You can still request a hearing (known as an 'oral decision').
The exact cost depends on what you're disputing, though typically it'll cost £100 to make an appeal to tribunal. If and when you receive notification of a hearing date you'll need to pay a further £200-ish. So you'll be paying at least £300.
If you have little income, savings, or are on some benefits, you may be able to get help with paying these fees. See Gov.uk for more information.
If you've asked (or been told) that it'll be a 'paper decision', you won't have a hearing. Instead, you'll receive a paper decision within about six weeks of the tribunal sitting.
If you've asked for an 'oral decision' then you'll have to attend a hearing. This is public and you'll have to present your case (or a representative can on your behalf), plus you'll be asked questions. The tribunal will make its decision within six weeks.














