LRHUDA 1993: Procedure for claiming a new lease of a flat

by Practical Law Property and Practical Law Property Litigation

A note providing guidance on the statutory procedure for a tenant of a flat with a long lease to claim a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). This note outlines the qualifying criteria a tenant must satisfy and explains the significant impact of the Leasehold and Freehold Reform Act 2024 (LFRA 2024), including the removal of the two-year ownership requirement. It details the procedural steps in a claim for a new lease, from serving a notice of claim through to completion, covering the landlord's counter-notice, statutory deadlines, and valuation principles for calculating the premium, such as marriage value. This note also addresses the role of the competent landlord, the rights of intermediate landlords, and the consequences of failing to adhere to the statutory timetable, which can lead to the deemed withdrawal of a claim. It further explores assigning the benefit of a claim, tribunal applications for resolving disputes, and the advantages of the statutory process over a voluntary lease extension.