Category: Blog

What Is a Flying Freehold? UK Guide for Home Buyers

Posted on by Devs eCare

You’ve found somewhere lovely, the price is right, and the survey is back. Your conveyancer calls to say the words no buyer of a home in England or Wales wants to hear: “there’s a flying freehold.”

It’s not as scary as it sounds, but it’s never a straightforward decision. Fortunately, flying freeholds are common across England and Wales, and many people buy and sell properties with one every year. It’s all about knowing exactly what it is, what it means for your mortgage, and what you can do about it.

Here’s a guide to help you understand the situation.

Flying Freehold Definition: What Is a Flying Freehold?

A flying freehold occurs when part of a freehold property overlaps land belonging to somebody else.

In other words, part of your property “flies” over, or “tunnels under”, a neighbouring property and is not supported on land of your own. The most common example is a room built above a shared passageway, archway or garage. Technically, the “flying” part of your house is a freehold, not supported on a freehold.

Because a freehold should normally stand on its own land, a flying freehold can cause complications.

Flying Freehold Meaning in Simple Terms

If you’re struggling with the legalese, here’s a more everyday explanation.

Say there are two terraced houses opposite each other, with a narrow strip of land in between, providing access to rear gardens. A number of years ago, one of the houses was extended into this strip of land, creating a bedroom overlooking the alley. This bedroom belongs to the house over which it was built, but the land on which it is built (the alley) belongs to the house next door, or is shared between both.

The owner of the house overhanging the alley therefore owns a part of their property that is not on land they own, and they may need the permission of the owner of the land to make any structural alterations or repairs. It’s not a problem in itself, but it can cause issues if one party believes the other should pay towards the cost of repairs or alterations.

Flying Freehold Examples

To help you visualise a flying freehold, here are some of the most common causes in England and Wales.

1. Over a shared passageway

Common in Victorian and Edwardian properties, particularly where there is “tunnel back” access to the rear gardens. Part of a room, landing or staircase on the upper floors is built over a passageway.

2. Over a garage or driveway

Very common in modern developments. Part of a room (often a bedroom) or first floor on one house is built over the garage or driveway of the house next door.

3. An archway or carriageway

Older houses, particularly in market towns and city centres, sometimes have an archway to their side, leading into a yard. The rooms above the arch can form a flying freehold if the ground belongs to somebody else.

4. Extensions or overhangs

An upper floor extension built over a driveway or the house next door, or a bay or oriel window which overhangs the boundary, can form a flying freehold. Overhangs for minor items such as guttering are unlikely to be problematic.

5. Flats over shops

Where the freehold is split in a non-standard way, a flat on the upper floors may overhang a shop or another flat.

6. Underground

A cellar or basement which extends under a neighbour’s land can form a flying freehold.

You can usually spot a flying freehold by looking at the title plan (from HM Land Registry) and the property’s external walls. If the boundary on a plan appears to be anywhere other than the foundations or plinth of the property, it would indicate a flying freehold.

Why Do Flying Freeholds Matter?

There are three main areas of concern with a flying freehold.

1. Rights of support

In other words, if the “flying” part of your property is damaged or needs repairs, who is responsible for paying for it? A problem is only likely if the underlying property is also affected. In most cases, English law gives an implied right of support for your building from a neighbouring building, meaning the neighbour can’t simply knock down their part and leave you to pay.

2. Repairs and maintenance

The big question with rights of support is who pays for the repairs and maintenance. You can’t force your neighbour to pay for repairs unless there is a positive covenant in the deeds. The situation is complicated by a famous case, Rhone v Stephens (1994). In this case, the court ruled that although a positive covenant to repair a roof over the neighbour’s cottage might be enforceable while the covenantor occupied the property, the obligation to repair would not be binding on subsequent purchasers. In other words, just because the previous owner of the flying freehold agreed to pay for the repairs to the roof you’re going to inherit, it doesn’t mean you can demand they pay.

3. Access

You may need access to your neighbour’s land to carry out repairs. Unless there is a right of access clearly stated in the deeds, you are at the mercy of the neighbour’s goodwill.

It’s unlikely there will be a problem, but neither the law nor your mortgage lender will protect you if there is. Most people buy a property with a flying freehold without a second thought, but it’s important to understand the situation.

Flying Freehold Mortgage: Can You Get a Mortgage on a Property with a Flying Freehold?

You can, but it can be a bit more involved.

Most high street lenders will accept a flying freehold, but they may apply some restrictions and conditions to your offer, such as a limit on the amount of a property which can “fly”, a requirement for rights of support, repair and access, indemnity insurance or a deed of covenant.

Some lenders will be more flexible than others – the most competitive deals are often with lesser-known lenders, so a mortgage broker can be invaluable in helping you identify the right deal for your situation.

Some conditions you might encounter include:

  • Rights of support, repair and access. Your conveyancer can check the deeds to see whether your property has positive covenants which would bind the neighbour and negative covenants (which would restrict you).
  • Indemnity insurance. If the deeds are unclear, the lender may request indemnity insurance.
  • Disclosure. Your solicitor has to disclose certain information to your lender under the UK Finance Mortgage Lenders’ Handbook, and flying freeholds are one of them.

For more non-standard properties, particularly those with complex construction techniques, some lenders may have tighter criteria, so again a mortgage broker can be extremely helpful in helping you avoid a wasted survey and legal costs.

Lenders often change their criteria, so it’s a good idea to check with your broker rather than a blog (including this one) for the most up-to-date information.

Flying Freehold Indemnity Insurance Explained

If you’re the buyer of a property with a flying freehold and the deeds are less than perfect, your solicitor might suggest indemnity insurance.

In short, indemnity insurance is a one-off payment which protects you if any financially damaging action is taken because of a defect in the property, such as the lack of a right of support or repair. You might find indemnity insurance useful if the neighbour refuses to contribute to costs which, in your opinion, should be shared.

Some pros and cons of indemnity insurance:

Pros

  • Usually just a one-off fee. It can be an affordable way of protecting yourself, particularly as the cost will be significantly lower than the value of the property.
  • Often assignable. This can make the house easier to sell in the future.
  • Accepted by many lenders. Many lenders will be satisfied with indemnity insurance rather than requiring positive covenants in the deeds.

Cons

  • Can’t take physical possession. Insurance only compensates you for financial loss. It won’t magically make your neighbour repair the roof.
  • May not be needed. If your deeds are clear, you won’t need indemnity insurance.
  • Conditions. You must not contact the neighbour about the defect before taking out the policy, or the insurer could argue that it doesn’t apply in this case.

Always consult your conveyancer about indemnity insurance – they will know the local practices and may be able to recommend a provider.

Can You Fix a Flying Freehold?

Sometimes, in addition to the above steps, you may want to look into permanent legal solutions, rather than one-off insurance. A flying freehold isn’t usually fixed by itself, although it can be resolved for good if both owners are willing to cooperate.

There are several options, depending on your situation and the willingness of the neighbour. You should always speak to your conveyancer before taking any action.

Deed of mutual covenant

Both parties enter into an agreement outlining their responsibilities. It’s ideal if the deed of covenant survives any sale, but due to the positive covenant issue, it may only be binding during the lifetime of the current owners.

Rentcharge

In some cases, a rentcharge can be used to create enforceable obligations against future owners. Note that the law surrounding rentcharge is complex and there are restrictions on creating new obligations.

Buy or sell land

If the land underneath the flying freehold is owned by the neighbour, you could buy it, or sell your land to them.

Title improvements

A solicitor may be able to help if there is uncertainty of ownership. If ownership of the land can be proved, HM Land Registry may be able to upgrade the title. The Law Commission proposed reforms to the law relating to positive obligations in 2011, but as it was written at the time of publication, this hasn’t happened yet, so don’t rely on it.

Should I Buy a House with a Flying Freehold?

Here’s our honest opinion. It depends. For many people it’s completely fine, but for others it is a deal-breaker.

It’s likely to be acceptable if:

  • The flying freehold represents a small percentage of the house.
  • The deeds state the rights of support, repair and access.
  • Your mortgage lender is happy, or your broker has found one that is.
  • Indemnity insurance is available and at a reasonable price.
  • You get on well with the neighbour, or the neighbouring property and its owner are in good condition and amicable.

Think carefully if:

  • The flying freehold encompasses a significant part of the house.
  • The deeds say little or nothing about rights of support, repair and access.
  • The neighbouring property is in disrepair, or you have bad relations with the owner.
  • You have limited mortgage options and need to borrow a large sum to purchase the property.
  • You intend to sell the property in the near future, as a flying freehold can limit your buyer pool.

Another good idea is to use the situation to your advantage. A flying freehold can reduce the number of potential buyers and lenders, so it’s reasonable to request a reduction in the asking price if additional surveys or legal fees are required.

Practical Steps Before You Buy

  • Check the title plan early on. Ask your conveyancer to look at the Land Registry plan before you’ve spent a lot of money on surveys.
  • Choose a conveyancer who is familiar with flying freeholds. They should pick up on it and be able to explain how it affects you.
  • Speak to a mortgage broker. They can guide you towards lenders who accept flying freeholds.
  • Get a survey. A surveyor can advise you if the condition of the “flying” part of the property is a concern.
  • Ask about the neighbour. The seller may be able to tell you if there have been any disputes or if repairs have been shared amicably in the past.
  • Consider indemnity insurance. Ask your solicitor if indemnity insurance is appropriate and, if so, when to take it out.

Is a Flying Freehold the Same as Leasehold?

No, and it’s a common misunderstanding. A leasehold is where you lease a property for a period of time, usually significantly less than freehold, and pay ground rent (and sometimes additional charges) to a landlord. A flying freehold is a freehold, so “ownership” is perpetual. The word “freehold” in “flying freehold” refers to the freehold ownership of the structure, not the land underneath.

Note that this article refers to England and Wales. The law in Scotland is different.

Frequently Asked Questions

Does a flying freehold reduce the value of a property?

Possibly. It can restrict the market and add cost and complexity to a sale, so some buyers may expect a discount. This can vary a lot, depending on the size of the flying element and the strength of the legal rights.

Will every lender refuse a flying freehold?

No. Many lenders will accept flying freeholds with conditions, such as percentage limits or indemnity insurance. A broker can help you identify the best options for your situation.

Can I extend or alter a house with a flying freehold?

You may need the consent of the owner of the land on which the “flying” part of your property sits. Always seek legal advice before doing building works of any sort.

Who pays for repairs to the flying freehold?

It depends on the deeds. If there is no enforceable obligation on the neighbour, you may be liable for the cost of repairs on your part of the property. Your indemnity cover may not extend to this.

Final Thoughts

A flying freehold might seem intimidating, but it’s more of a legal nuance than anything else. With the right conveyancer, mortgage lender and, where appropriate, indemnity insurance, many buyers purchase properties with flying freeholds and go on to live in them happily for decades. The most important thing is to do your research, ask the right questions and assess the risk carefully. If it all seems manageable, there’s nothing wrong with buying a lovely home with a flying freehold. If it feels like a risk to you, there will always be another house.

This article is for informational purposes only and should not be considered legal or financial advice. Always consult a qualified conveyancing solicitor and mortgage adviser.

Using the Same Solicitor for Buying and Selling: What to Know

Posted on by Devs eCare

When you’re buying and selling properties at the same time, it’s entirely reasonable to want to appoint the same solicitor for both transactions. A lot of people wonder whether they need to appoint two firms, and whether a single conveyancing firm can represent both buyer and seller.

In many cases, you can use the same firm to handle both your property purchase and sale.

Having said that, sometimes a conveyancer is unable to act for both sides due to professional conduct rules relating to conflicts of interest.

As someone who has been working in the UK leasehold sector for over 15 years, I’ve seen my fair share of transactions that have gone smoothly, and plenty that have been delayed due to miscommunication regarding the legal process. In this guide, I’m going to walk through the key considerations for both linked sales and purchases, including costs, paperwork, searches, and what happens if the sale and purchase do not complete at the same time.

How to Find a Conveyancing Solicitor

A conveyancing solicitor or licensed conveyancer handles the legal side of your property purchase or sale. This could entail checking the title of the property, raising and answering any enquiries, completing searches, dealing with your mortgage lender, and helping you with the exchange of contracts and completion.

If you’re looking to buy and sell properties simultaneously, you might want to appoint a firm that usually specialises in linked sales and purchases and will understand the importance of communicating with both parties to ensure there are no unwelcome surprises.

Before choosing a conveyancer, make sure to consider the following:

  • Experience: Does the firm specialise in acting for buyers and sellers in linked sales and purchases?
  • Fees: What are the firm’s charges? What additional costs might you incur?
  • Communication: How will the conveyancer communicate with you, and how quickly can they respond?
  • Services: Will the firm handle both your sale and purchase?
  • Property expertise: If either of the properties is leasehold, make sure the firm has experience of leasehold property transactions. Many conveyancers find leasehold property instruction more complex, and so some firms may specialise in freehold sales and purchases.

A low quote isn’t always an indication of a good deal, as some conveyancing firms add additional costs for linked sales and purchases that other firms might not. Always make sure to compare quotes in detail, and make sure you understand what costs are included in the conveyancing fee and what additional expenses you may have to pay.

Now that you’ve found a conveyancing solicitor, there is another important consideration – do you actually need a solicitor to sell your house?

Do You Need a Solicitor When Selling Your House?

The majority of property sellers in England and Wales instruct a solicitor or conveyancer to deal with the legal elements of a sale. There is a very broad range of services that conveyancing professionals can perform relating to property sales, and although these will vary according to the nature of the sale, you can generally expect a conveyancer to deal with the following tasks:

  • Preparing the property for sale by giving the necessary information to the buyer’s conveyancer.
  • Preparing and reviewing the contract and related property information.
  • Dealing with enquiries from the buyer’s conveyancer.
  • Arranging property searches.
  • Dealing with mortgage lenders, if applicable.
  • Receiving and paying funds on completion of the sale.
  • Helping to set a completion date.

Although an estate agent is the person who helps you to sell your property, it’s vital to understand the difference between an estate agent and a conveyancer.

An estate agent handles the sale side of a property transaction, and can assist with things like setting up viewings, marketing your property for sale, and negotiating offers with potential buyers. They are not legally qualified and do not handle the legal work involved in buying or selling a property.

A conveyancer handles the legal work involved in both buying and selling a property. These are two very different, but equally important, elements of a property transaction.

How Much Does It Cost to Use One Conveyancer?

Conveyancing costs can vary greatly depending on a number of factors, including whether the property being sold is freehold or leasehold, how much the property is worth, and how complex the transaction is.

Some conveyancing firms offer combined quotations where they’re dealing with both a sale and a purchase for you. Other firms may charge separately for purchase and sale legal work, even if it’s the same firm. This means that you can’t always assume that getting one solicitor to deal with both your sale and purchase will reduce your overall legal costs; you’ll need to compare quotes.

When looking at quotes for conveyancing legal fees, make sure you understand what is and isn’t included. Some conveyancers will provide an estimate that sets out exactly what costs you’ll need to pay, while others may give you a figure for the legal fee and set out disbursements separately.

Legal fees are the amount you pay to your conveyancer for their services, and disbursements are payments that the conveyancer makes on your behalf, such as property searches and Land Registry fees.

Leasehold property transactions can involve additional costs, such as administration fees from freeholders or managing agents. Expenses relating to leasehold property can vary significantly, so it’s very important to get accurate information from your conveyancer.

By obtaining a detailed quotation from a conveyancer and asking what is included in the conveyancing fee, you should have a much clearer idea of how much it is likely to cost. The cost of buying and selling a property with the same conveyancing firm can vary depending on the circumstances of the transactions.

What Documents Do You Need When Selling and Buying a Property?

Selling your current property while buying another involves two legal transactions, so having the necessary paperwork ready for both transactions is important.

The paperwork relating to a sale is likely to vary depending on the type of property that you’re selling and whether it’s freehold or leasehold.

The conveyancer handling your sale will most likely need the following documents:

  • Title deeds.
  • Property information questionnaire.
  • Information about boundary disputes or notices affecting the property.
  • Fittings and contents forms.
  • Guarantees and certificates relating to renovations, surveys, or other works carried out on the property.
  • Planning or building regulation approvals for renovations or developments.
  • Lease and management information if the property is leasehold.
  • Details of ground rent, service charges, and buildings insurance, if applicable.

When you’re buying a property, there are several different documents that you’ll be asked to provide. Your conveyancer should be able to advise you regarding the documents that are relevant to your specific circumstances, but in general, you can expect to be asked for the following:

  • Details concerning the contract and its documents.
  • The information provided by the seller’s conveyancer.
  • The information obtained from property searches.
  • Mortgage offer, if applicable.
  • Identification documents.
  • Proof of the source of any funds used towards the property purchase.
  • Any additional information your conveyancer asks for.

If the property that you’re buying is leasehold, your conveyancer will need to take additional steps and may ask you for more information. When purchasing a leasehold property, it’s important to understand the implications of the lease, including ground rent, service charges, and any other obligations.

The length of the lease is a crucial consideration, as short leases can affect your ability to remortgage, resell, or extend the lease. Additionally, many aspects of leasehold law are subject to change, so it’s important to obtain the most up-to-date information and advice.

What Searches Does a Conveyancer Carry Out When Buying a House?

As part of the conveyancing process, a conveyancer will carry out a series of searches to identify any potential issues relating to the property. These searches provide a reliable source of information about the property and its surrounding area that may not be apparent from viewing the property or looking at the information provided by the seller.

The searches that your conveyancer carries out will depend on the property and where it’s located.

The most common searches that are carried out include the following:

  • Local authority searches – These can highlight issues such as planning permission, building control, highways, and notices or restrictions affecting the property.
  • Drainage and water searches – These can show information about the water supply, sewage, and other drainage issues affecting the property, including the position of any mains water or sewer connections.
  • Environmental searches – These can identify potential environmental hazards, such as contaminated land or flooding risks.

Some properties may also require additional searches, such as coal mining searches, chancel repair searches, or other searches depending on the local area and the history of the land. Your conveyancer should advise you on the searches that are likely to be necessary for your property.

Once searches have been carried out, the conveyancer will review the findings and, if necessary, raise any additional questions or concerns with the seller’s conveyancer. If your conveyancer discovers any issues that may affect your purchase, they should be able to explain the implications and advise you on the best course of action.

What Happens If the Sale and Purchase Do Not Complete Together?

One of the biggest concerns of buying a new property while selling your old one is that they don’t complete at the same time.

In an ideal world, both transactions would complete on the same day, but there are a number of factors that can cause a sale or purchase to be delayed.

Whether it’s the buyer of your property, the seller of your new property, or your mortgage lender that causes the delay, the completion date can be pushed back considerably. If your purchase completes before your sale, you may also have to consider alternative arrangements to cover your removal costs and storage of your personal possessions.

The practical problems of a sale and purchase that aren’t both completed can be inconvenient, but the legal issues relating to property contracts can be even more problematic.

If contracts haven’t been exchanged yet, the parties to the sale and purchase aren’t completely bound to the terms of the agreement. Once contracts are exchanged, however, a binding contract is formed, and both seller and buyer are legally obliged to complete the transaction. If a sale or purchase does fall through after the exchange of contracts, the parties will have to carefully discuss what the implications of this will be.

The same principles apply to a sale and purchase that is meant to complete at the same time. If your purchase completes before your sale completes, you need to have alternative accommodation and storage space available in anticipation of your removal. Likewise, if your sale completes before your purchase, you need to have sufficient temporary space to be able to move into your new property.

The practical and legal issues relating to a sale and purchase that aren’t completed at the same time are complex, and will depend on your circumstances. If there is the possibility that a sale or purchase might not complete, you should always inform your conveyancer, estate agent, and mortgage advisor.

If you know that your solicitor and estate agent may be affected by a change of completion date, let them know as early as possible so that they can be prepared.

Can the Same Solicitor Represent Both the Buyer and Seller?

When people ask this question, they generally mean one of two things.

Using One Solicitor for Your Own Sale and Purchase

If you are buying and selling properties, you can usually appoint the same conveyancer to act for you in both transactions.

The conveyancer will represent you as the seller of the property and you as the buyer of the property. There is nothing wrong with this, although it’s important to remember that the conveyancer represents one person – you.

Having one firm represent you in both your sale and purchase can also make it easier to complete both transactions, particularly if they are linked.

Using One Solicitor for the Buyer and Seller

This is a completely separate scenario.

Using one solicitor to represent both buyer and seller is a different matter altogether, and a conveyancer usually won’t accept instructions from both parties because they believe it could create a conflict of interest.

A conflict of interest arises when a conveyancer acts for two parties with different interests. In theory, a conveyancer representing both the buyer and seller could act against the interests of both parties.

When considering whether one solicitor can act for both buyer and seller, a conveyancer will have to take professional conduct rules into account.

If you’re thinking about asking a conveyancer to represent both buyer and seller, make sure to ask them if this is possible in your specific circumstances.

FAQs About Buying and Selling a House

Can I use the same solicitor for buying and selling a house?

Yes, in many cases you can use the same solicitor or conveyancer for both your sale and purchase. This can make communication easier, particularly when the two transactions are linked.

Is it cheaper to use the same solicitor for buying and selling?

Not necessarily. Some firms offer a combined fee for handling both transactions, while others charge separately. It is worth comparing quotes and checking exactly what is included in the conveyancing fee.

Can the same solicitor act for both the buyer and seller?

Usually, a solicitor or conveyancer will not act for both the buyer and seller because this could create a conflict of interest. The two parties have different interests, so professional conduct rules need to be considered.

What documents do I need when selling and buying a property?

For a sale, you may need documents such as the title deeds, property information forms, fittings and contents forms, and any relevant planning or building regulation documents. For a purchase, you may need identification, proof of funds and mortgage information.

What happens if my sale and purchase do not complete at the same time?

If the two transactions do not complete together, you may need to arrange temporary accommodation or storage for your belongings. The legal position can also depend on whether contracts have been exchanged, so it is important to speak to your conveyancer as soon as possible.

What not to do before selling a house? What should sellers know?

Posted on by Devs eCare

For most people, selling a house is one of the biggest moments in their lives. When you sell a house, there’s a good chance that it’s the only time you’ll ever sell a house. But that doesn’t mean that it isn’t terrifying.

The good news is you won’t need to go to that extreme to sell your home. With a few simple tips, you can make your home significantly more attractive to prospective homebuyers. The goal is to make it as easy as possible for your potential buyers to see themselves living in your home with the least amount of effort on their part.

So before selling, here are some essentials that you need to prepare.

What to do before selling your house

Before you get started with cleaning and decluttering your house, let’s take a quick look.

When you see the same things every single day, it makes you forget the small things.

While you are touring the property, make a mental list or some written-down notes of things that can be done to improve the property so it will sell more easily. At this stage, all you are doing is making a list of possible things to do.

Remove the clutter

Clutter can easily make a room feel smaller. It’s less about size, and more about flow. As you clear the clutter, you will find yourself opening up your home more.

So how did we get so much junk in the first place? What can happen in a home is that, a lot of times, it is hard to really keep track of what you have. If you have not sold your home before, or it has been a while, it is a good idea to start doing this today in the rooms that seem to have the most clutter. Start pulling out what you will not use and donate the larger pieces.

You might also want to tidy up your wardrobe and cupboards as potential buyers could want to try them out!

Clean the place

The majority of purchasers like to be told the house has been maintained.

Therefore, this means that you will have to ensure that the property is clean and sparkling before taking anyone to see it. It doesn’t require a deep cleaning, but it certainly wouldn’t hurt to spend some time on the furniture and spots that you don’t regularly clean. Wash the windows, clean the doors and skirtings, wipe the cupboards and the kitchen appliances, as well as any other places you may forget to clean regularly. Don’t forget to scrub the bathrooms, sinks, mirrors, showers, taps, floors and tiles!

The kitchen should be hygienic too; remove what you can from the worktops and mop around the oven and sink and the appliances.

Fix the little things

The small details of your house matter.

Perhaps your kitchen cupboard doors just aren’t closing properly, or your tap has a constant drip. You might not think these things are worth worrying about, but to a potential buyer they’re certainly things that will turn them away. Walk around your house and take note of everything that irritates you, even the small stuff. Fix these things which seem like easy fixes. You don’t need to remodel your house, but you should make sure it seems like someone lives there who cares for it.

Upgrade the front door

You will want to make a good first impression for people who are interested in moving into your home.

Get your welcome mat: Clear the clutter and tidy the pathway, front door, porch, or drive to your house. Tidy any overgrown areas and clear away leaves and other debris. Make sure the grass is mowed and plants are in good shape and have not been left to overgrow.

Keep the front door and driveway/pathway clear, tidy and free from clutter — they are the first things that your buyers will see!

Make the rooms less cluttered

A huge garage sale is not always necessary when decluttering your house; sometimes the best way to clear some space in your house is to get rid of some furniture!

Walk through each room of the house and determine what pieces you want to have in there to make the room look finished and livable. You don’t have to leave everything in the room, and taking some of the big furniture out of the room will free up some space. Nothing should be blocking the walkways in the room, and there should be furniture set up in a way to serve a purpose in the room. Setting up the master bedroom to look like a bedroom, arranging the living room as a lounge, and setting up the table in the dining room as it normally would be will help to sell the house and help the potential buyers visualise themselves living in the home comfortably.

Refresh the walls, if necessary

As you walk through your house, you might come across a couple of strange things, including damaged walls, such as the ones damaged by snow, scratches or paint that isn’t evenly spread, and strange colours. When your walls are in need of some love, paint them!

Let more light in

Lighting can make all the difference.

Ensure every curtain and blind is opened and that the windows are clean for each viewing. Check all the lights in the house are working and that bulbs and lamps aren’t broken or damaged. Identify the darker areas of the house that will need to be lightened for viewings and make sure heavy curtains and furniture aren’t blocking light.

Give the Kitchen Some Love

If a handle or fitting has come loose, then the job is simple; if you need more time to consider those big problems, then so be it; it is not time for a completely new kitchen!

Begin with your worktops. Now, I don’t expect to have completely cleared the worktop! That would be asking too much. But you want to clear your worktops so you can start with a clear space. Thoroughly clean your cabinets, handles, sink, appliances and backsplash. Make sure the storage areas and the cupboards and pantries are neat and tidy, and that you have spent some time organising those areas that aren’t on show so everything looks new. If a handle or fitting has come loose, then the job is simple; if you need more time to consider those big problems, then so be it; it is not time for a completely new kitchen!

Make the Bathrooms Feel Fresh

Bathrooms should feel fresh and airy.

Clear off the top of the bathroom cabinet of any bottles, toiletries, or clutter. A clean, fresh towel and a shiny surface are a great way to give your bathroom the perfect finishing touch.

Organise your storage areas

Storage areas can often be a big selling point to many people, so make sure you’re getting the most out of yours.

If you’ve got kitchen cupboards, wardrobes, the garage or other store-rooms you use to the brim, then the purchasers will not find it easy to determine how much storage space there really is in the house. Before you come onto the market, you should attempt to clear as much room as possible in these spaces, making sure you remove what’s not required. There’s no need for this to be drastic, but sufficient for the prospective buyers to get an accurate measure of the storage space.

Put Away Some Personal Items

Your home is warm and welcoming, but you don’t want it to be such a total mess that the potential buyer cannot picture living in the house.

How about removing some of the personality from the house? This can mean family pictures or personal items, or anything that might distract the buyer from imagining themselves living in the house. Again, the goal is not to empty the house of all of its personality, but just to create a little more space for the potential buyer.

Take Care of the Outside Areas

If you are selling a house, make sure the outdoor space is presented as a major selling point.

In the garden, on the balcony, in the courtyard, on the patio or even just in the yard if you have a good yard outside the house, you want to make sure that they are all reasonably clean. Remove the rubbish and junk, put the furniture together and sweep the floor. Pondering your plants: can they be given special care? If you are buying a house, buy a home where the outdoor space was a major selling point. So, give your potential buyers a picture of the life that they will live, and put out a nice table with some chairs that are relaxing, and let the buyers see themselves sitting there.

Gather Your Property Papers

Ensure that before you put your property on the market, you have all the necessary papers and paperwork stored in a file or folder.

This might be things like building manuals, renovation records, appliances, warranties, receipts, building permits, maintenance records… You get the idea! You should try to gather all this into one easy-to-find file/folder, so you don’t spend time looking for something that you cannot find when it is time to sell.

Prepare the House for Photography

Great photos will be critical, as most likely prospects will browse the house online before actually seeing the house.

Get the House Ready for Photos – Clear the house and pack away other items and pack away things in the room so that the house looks clean and ready for photography. Get the House Ready for Photos – Draw all curtains, clean all windows, clear all the rooms and look out so that everything is tidy and clean as it can be. No new reflections.

Consider How Buyers Are Going To Enter The House

After you finish the initial pre-sorting process, go through your house the way a potential buyer would.

Begin at the front of the house and work your way all around the front entrance; go into the house and take a tour at your own leisure. What are the first things that you notice? Would a busy room turn away an honest visitor? Can you smell anything? Is the room too dark compared to the other rooms? Is there anything you would change immediately? This exercise will help you to get a taste of some of the minor things you may have overlooked because you are so used to them.

If possible, have a friend or family member walk through your home and tell you how it feels to them.

Give Yourself Enough Time

Sometimes, homeowners wait until the very last minute to get the house ready to sell.

You will need to clean the house, declutter, repair the odd thing, rearrange the furniture, remove the pictures and whatever else might be required. I know that you will believe that these things can all be done within the hour, but I would suggest that you allow yourself enough time to do these things so that you can put enough time in each room.

Final thoughts

Staging your home for sale preparation is not about having a house that is perfect; it is about having a house that is going to fit a buyer. Remove the clutter, vacuum and clean the house, do the odd jobs, get a new coat of paint on your front door, tidy the cupboards, empty the wardrobes, sort out the uses for rooms, and just get on and do the little jobs – take your time.

A home that’s cosy and warm, inviting and packed with clutter but still clean, can be so marketable it practically sells itself.

And, most importantly, Allow Yourself plenty of time so you can do all the prep!

Frequently Asked Questions

1. What should I do before selling my house?

Before selling, declutter each room, clean the property thoroughly, complete small repairs, tidy the garden and entrance, organise storage areas and gather important property documents. It is also worth preparing the house carefully for photographs and viewings.

2. Should I declutter my house before selling it?

Yes. Removing unnecessary furniture and personal items can make rooms feel more spacious and help potential buyers picture themselves living in the property.

3. Should I clean my house before putting it on the market?

Yes. A clean and well-maintained home can make a better impression during viewings. Pay particular attention to kitchens, bathrooms, windows, floors, cupboards and areas that are not cleaned regularly.

4. What small repairs should I make before selling my house?

Deal with simple problems such as dripping taps, loose fittings, damaged cupboard doors and other minor issues that could affect a buyer’s impression of the property. You do not necessarily need to carry out major renovations.

5. How can I make my house look better for photographs?

Clear clutter, tidy each room, clean the windows, open curtains and blinds, and make sure the rooms are well presented. Good photographs are important because many potential buyers will see the property online before arranging a viewing.

What Happens If Someone Dies Before Settlement of a Property?

Posted on by Devs eCare

When buying or selling a property, there are steps to take before the exchange and completion of a sale. You could ask what happens if one of the parties dies before settlement or completion of a sale.

There are several factors to consider when determining what happens to a property if the owner dies before settlement. The level at which the sale has progressed, whether contracts have been exchanged, how the property is owned, and whether the estate needs to go through probate.

When a person dies, they usually have a representative to deal on their behalf, such as an executor named in a Will or an administrator if the executor declines. Dealing with property transactions can become more complicated for the executor/administrator. There are contracts to review and deal with, mortgage arrangements to consider, registration of the property, and any debts outstanding. For a leasehold property, the length of the lease, service charges, and ground rent can also be relevant.

If a family member dies in Slough, for example, and the property is to be inherited, the family would need to deal with the deceased’s estate before deciding whether to retain, sell, or transfer the property. In this guide, we will focus on what happens when a person dies before completing a property transaction and the steps to take next.

What Happens to a Property When the Owner Dies Before Settlement?

A property transaction does not always end when one of the parties dies. The estate of the deceased person usually takes over the responsibilities associated with the sale. The executor or administrator usually has to establish what has already been agreed and what still needs to be done regarding the property.

The next step is usually to consider whether contracts have already been exchanged.

If the person had died before contracts were exchanged, the position would be different to if they had died after the contracts were exchanged. It could also depend on whether the person was a buyer or the seller.

The executor/administrator may need to consult with their solicitor to review the agreements and explain how the death affects the sale.

If the deceased owned the property, there may also need to be additional steps before the property can be sold or transferred.

What is Settlement of a Property?

In a property transaction, settlement, also known as completion, is the point when all legal formalities and payments have been finalised. It is at this point that the buyer pays the purchase price, and legal ownership is transferred to them. In England and Wales, the term used for settlement is completion.

Before completion, there may also be other contractual formalities to complete. If a party dies before completion, the sale may have to be continued as part of the deceased’s estate. It depends on what stage the sale had reached, whether contracts had already been exchanged, the nature of the property, and whether it was the buyer or seller that had died.

Therefore, the position is not as simple as presuming that the sale will end or continue as before one of the parties dies.

The deceased person’s solicitor or conveyancer should be able to explain the position depending on the agreements already reached.

Who Deals With the Property After the Owner Dies?

After a property owner dies, the estate has to be dealt with by their representative. This would either be an executor if one had been appointed by the Will or an administrator if there is no Will or if the executor declines.

The personal representative has the responsibility for dealing with the assets, liabilities, and affairs of the deceased person. This includes paying any debts due, then distributing the property to the rightful beneficiaries. However, it is important to note that an Executor does not have the right to benefit from the property unless specified. They only have the role of administering the Will and distributing the property lawfully.

When there is property involved, the executor/Administrator may also need to arrange for its sale, transfer, or other disposal. If it is a leasehold property, it may be necessary to have an understanding of the lease arrangement.

What is Probate After a Death?

Probate is one of the processes that come into play when dealing with a deceased person’s estate.

In general, it applies to those who own property in their sole name and whose bank accounts, property, or other assets require the personal representatives to deal with the assets before transferring them to the beneficiaries.

A Grant of Probate is usually applied for by the Executor named in the Will, and Letters of Administration are applied for when there is no Will. Grants of Probate are a formal legal document certifying that the Executor has the authority to deal with the Will and the estate of the deceased person. In relation to property, the Grant of Probate may be needed before other dealings such as sale or mortgage redraw can take place.

Does Every Estate Need Probate?

An estate does not always require a Grant of Probate or Letters of Administration. Some assets do not need to go through the process and can pass directly to the next of kin, such as joint assets.

It can depend on the asset type and how it was held. In relation to property, it should be noted that most banks and building societies require a Grant of Representation before they will release any funds to the personal representative.

Is Probate Required Before Inheriting Money or Property in the UK?

There is no set amount of money that qualifies for probate. People sometimes research how much money before probate is required in the UK, but the threshold varies according to the asset type and the organisation holding it. A financial institution will usually advise whether a Grant of Representation is needed to deal with the asset.

In relation to property, if an individual owned the property in their sole name, the personal representative will need the appropriate Grant of Representation to deal with the property. It can also depend on how the property was owned, so joint ownership and tenancy in common could be relevant factors to consider.

It can also help to distinguish between dealing with an estate and inheriting an asset. The Executor/Administrator has to deal with the estate before distributing any assets to the beneficiaries. If the property is leasehold, it may also be necessary to consider the service charges, ground rent, and lease extension.

What Happens If a Beneficiary Dies Before Inheritance?

Beneficiaries dying before inheritance can raise a number of issues.

The position can depend on whether the beneficiary had already become entitled to the asset and whether the person who made the Will (testator) had died before or after the beneficiary.

If a beneficiary dies after the testator, they may have already been entitled to the asset and their share may pass to their estate. The position can be more complicated if the beneficiary dies before the testator, depending on the type of gift and the relationship between the two. There are also specific rules within the Wills Act 1837 that can apply to children and other descendants who die before the testator.

The position can depend on the wording of the will, how close the beneficiary was to the testator, and the date on which the beneficiary died in relation to the testator. If the situation is not clear, it may be necessary to seek specialist legal advice on who is entitled to the asset.

Can Anyone Change a Will After Death?

An Executor cannot change a Will after the person who made it (testator) has died.

The Executor’s role is to deal with the estate in accordance with the Will and the law. An Executor may have to make some decisions while carrying out their role, but it does not mean they can decide to change the Will. There is a big difference between administering an estate and changing or revoking a Will.

However, it should also be noted that a beneficiary may be able to change a Will by agreement with the other beneficiaries by way of a deed of variation or other method. It is not the same as an Executor changing a Will, and specific rules apply for such changes.

Wills can also be contested in certain circumstances. Dispute resolution around Wills is a specialist area of law.

What Should You Do If Someone Dies Before Property Completion?

If someone dies before completion, the next of kin should take the following steps:

  • ascertain the position of the sale, in terms of what progress has been made and how far the completion has been reached;
  • identify who the representative is, such as an Executor or Administrator;
  • contact the solicitor to discuss the contracts and how the sale should proceed;
  • consider how the property is owned;
  • establish if a Grant of Probate is required before completing the sale;
  • review the property and its position, if it is leasehold;
  • obtain further advice, if necessary, from a solicitor, conveyancer, or property expert.

How Long Does It Take to Inherit an Estate?

There isn’t a set period of time, as a simple estate may be dealt with quite quickly, whereas one with property and debts may take significantly longer to settle. Before any distribution can take place, the executor or administrator of the estate will normally have to identify the assets of the estate, deal with any liabilities, and obtain the relevant legal authority.

Dealing with property can add another layer of complexity to the process. There may be a need to value, transfer or sell the property, and there may also be conveyancing and Land Registry matters to deal with. This can take time, particularly if there are any mortgages, restrictions or other matters to deal with.

What can impact the timescale?

There are a number of factors that can affect the speed at which an estate will be settled, such as:

  • Whether there is a valid Will
  • Whether probate or an alternative grant is required
  • The nature and volume of assets
  • Any debts or liabilities
  • Whether a property needs to be sold
  • Whether beneficiaries are difficult to trace
  • Any disputes or issues relating to the estate

For example, an inherited property may need to be repaired, insured, valued or put up for sale before the estate can be distributed.

Why can Inheriting Property take longer?

Property normally requires more administration as ownership has to be formally dealt with.

If the property was owned solely by the deceased, then the personal representative may have to deal with the grant, title, any mortgage or charge against the property and arrange for the property to be transferred and/or sold.

There can also be other matters to deal with before the property can be transferred. If the property is a leasehold property, then some of these might include checking the lease, contacting the managing agent, and finding out about service charge and ground rent matters.

HM Land Registry also requires different evidence to be provided when a registered property is transferred on the death of a person. The exact requirements will depend on the circumstances and how the property was owned.

What Happens to Power of Attorney After Death

A Power of Attorney and an executor serve very different purposes, and it is important to make that distinction after death.

A lasting power of attorney (LPA) enables an attorney to act on behalf of the person making the LPA whilst they are still alive. Once they die, the LPA lapses and the Office of the Public Guardian must be notified. This means that the attorney can no longer deal with the property of the deceased under the LPA.

After death, the responsibility lies with the appropriate personal representative, such as the executor in the Will or administrator under the relevant law, to deal with the property.

This can be particularly important if the property was being actively managed by an attorney for the deceased at the time of death. All further decision-making in relation to the property must be dealt with under the estate administration process.

What Happens to a Leasehold Property After the Owner Dies

A leasehold property doesn’t simply disappear when its owner does. The leasehold interest in the property will become part of the deceased person’s estate and will need to be dealt with by the estate administrator. In relation to the leasehold interest, the next steps will normally depend upon the nature of the ownership, the contents of the Will and whether there are any other interests in the property.

The personal representative may have to arrange for the property to be transferred or sold, once they have obtained the appropriate authority. If the property is inherited, then the beneficiary will receive the leasehold interest in the property and will need to ensure that they will be complying with the terms of the lease. This is particularly important as with a leasehold property you also inherit the rights and obligations in relation to the lease.

What Should the New Owner Check

Someone who has inherited a leasehold property should take some time to understand what they have inherited.

Things like the remaining length of the lease, ground rent and service charge can all have an impact on the value and ownership of the property. It’s worth looking into some of the key factors:

  • Remaining lease term: How long is left on the lease?
  • Ground rent: Is it payable, and are there any provisions in relation to changing it?
  • Service charges: What is the amount, and are major works due?
  • Lease restrictions: Are there any restrictions in relation to alterations, lettings or how the property can be used?
  • Lease extension: Is the remaining term a consideration for a lease extension?

Does an Inherited Leasehold Property Need a Valuation

A professional valuation may be useful at a number of stages after inheriting a leasehold property. For example, when:

  • deciding whether to keep or sell the property;
  • working out how to divide up the estate;
  • considering a lease extension;
  • negotiating a property-related matter;
  • dealing with a disagreement about value; or
  • understanding the property’s current market position.

The value of a leasehold property isn’t just determined by its location and condition. The remaining lease term and the terms of the lease can also have a significant bearing on the value.

A professional valuation can give you an independent assessment based on the property and its specific circumstances, not just on an online valuation or an asking price.

Why does the Remaining Lease Term Matter

The length of the lease will have a bearing on the value of a leasehold property.

The shorter the lease becomes, the less attractive it can become to a buyer. It also has an impact on what the owner can do with the property.

The effect of this isn’t the same for every property; it can depend on location, market conditions, and the terms of the lease, as well as other factors. That is why it is a mistake to base any assumption solely on the lease term of a similar property.

Should You Consider a Lease Extension

Depending on the circumstances, an inherited property with a lease may eventually need to be extended. This could be if the lease is getting close to its expiry date.

The decision to extend will depend upon a number of factors, and the owner will need to decide whether it is appropriate based upon individual circumstances. They may need to consider the length of the lease, their intentions in relation to the property, the potential cost and the legal process involved. A solicitor can advise on the legal aspects of a lease extension and a suitably qualified surveyor on the valuation side.

It is important to remember that just because an inherited leasehold property exists doesn’t mean that an extension has to be undertaken. The same is true of a leasehold property that is inherited and is ready to be put on the market.

What Documents May Be Needed After Someone Dies

The documents that are needed will depend on the estate and what needs to be done with the property. However, it can help to make sure that you have the following documents to hand:

  • Death certificate
  • Will
  • Grant of Probate or other relevant estate documents
  • Property title
  • Lease
  • Service charge statements
  • Ground rent information
  • Existing valuation reports

In relation to a leasehold property, the lease is particularly important as it will set out the rights and obligations in relation to the property.

It can also be worthwhile obtaining recent service charge statements, any details of major servicing works and any correspondence with the freeholder or managing agent. The personal representative may need the documents when dealing with solicitors, the managing agent, freeholder, HM Land Registry or a property valuer.

The exact documents will depend upon what needs to be done with the estate and the property.

Frequently Asked Questions

What happens if someone dies before property settlement?

If someone dies before a property transaction is completed, then normally their estate becomes responsible for dealing with the person’s position in the transaction. The executor or administrator will need to contact the appropriate solicitor or conveyancer to establish what should happen.

What happens to a leasehold property when the owner dies?

The leasehold interest normally forms part of the deceased person’s estate. As such it may ultimately be transferred to a beneficiary or sold as part of the estate administration. It will depend upon what the Will says and the circumstances of the estate.

Does probate affect property inheritance?

Where the deceased was the sole registered owner, then the personal representative will normally need to obtain the appropriate grant to transfer or sell the property. It will depend upon what the circumstances are.

What happens if a beneficiary dies before receiving an inheritance?

This will depend upon when the beneficiary died, what the Will said, and whether they were entitled to the inheritance. The appropriate succession rules will determine what happens to the entitlement.

Can an inherited leasehold property be extended?

An inherited leasehold property can potentially be extended. As with all lease extensions, the appropriate process will depend upon the circumstances. Professional advice can help to establish the position.

Does an inherited property need a valuation?

Not necessarily, but it might be if the property needs to be sold, divided between beneficiaries, extended, or valued for some other specific purpose.

Conclusion

When someone dies before a property transaction is completed, the transaction doesn’t just stop. The deceased person’s estate needs to be administered, and the executor or administrator will need to deal with the property and any outstanding arrangements.

In relation to an inherited leasehold property, there are additional considerations such as the remaining lease term, ground rent, service charges and other restrictions in the lease.

The entire process can be summarised as:

Death → Estate administration → Probate where required → Inheritance → Property transfer or sale → Leasehold considerations → Valuation where needed → Possible lease extension

Not every inherited property requires a valuation or lease extension. However, the right approach will depend on the property and the intentions of the new owner.

The administration of an estate, inheritance and property matters should be dealt with by an appropriate legal professional. Where the issues relate to the value of a leasehold property or potential lease extension, then an independent valuation professional can provide the required property advice.

Retirement Leasehold Exit Fees & Event Fees: A Practical UK Buyer’s Guide

Posted on by Devs eCare

Retirement leasehold properties are marketed on peace of mind — a manageable flat, communal facilities, and support built into daily living. What’s often mentioned far less clearly at the point of sale is a type of charge that can catch buyers, sellers, and families completely off guard: the exit fee, more formally known as an event fee. This guide explains what these fees actually are, why they exist, what to check before buying, and what rights sellers and executors have when it’s time to move on or when a loved one passes away.

What Is an Event Fee?

An event fee is a charge written into some retirement leasehold agreements that becomes payable when a specific “event” occurs — most commonly when the property is sold, but sometimes also triggered by subletting or other changes of occupancy. Because the fee is usually linked to resale, it’s frequently referred to as an exit fee or transfer fee, though you may also see it called a deferred management fee or contingency fee depending on the operator.

The defining feature of an event fee is timing. Unlike ground rent or a service charge, which are paid regularly while you live in the property, an event fee sits dormant in the background for years — sometimes decades — and only becomes due when the triggering event happens. That structure is precisely why so many buyers and families have been caught out: the fee wasn’t relevant to daily life, so it was easy to forget it existed until a sale was already underway.

Why Do Retirement Developments Use Event Fees?

Retirement developments typically include facilities and services that go beyond a standard leasehold block — communal lounges, guest suites, on-site management, emergency call systems, and sometimes catering or activities. Operators have argued that event fees allow them to offer these facilities while keeping the day-to-day service charge lower than it would otherwise need to be, effectively deferring some of the cost of running the development until a sale takes place, rather than loading it entirely onto ongoing charges.

Whether or not that trade-off feels fair is a matter of long-running debate. Consumer groups and campaigners have argued for years that event fees are poorly understood at the point of purchase, disproportionately affect older people and their families at a difficult time, and in some cases bear little clear relationship to any specific service being provided in return. This has led to sustained scrutiny from consumer bodies and ongoing calls for reform.

The Scrutiny These Fees Have Faced

Event fees have been formally investigated by UK regulators more than once. Concerns were raised as far back as the early 2010s, when an official competition investigation examined whether the way these fees were typically drafted into leases could amount to unfair contract terms. That scrutiny led some retirement operators — including, notably, McCarthy and Stone — to move away from including exit fees in new leases from around 2009 onwards, although this doesn’t mean every retirement property on the market today is free of one, since many existing leases and some other operators still include them.

Since then, the issue has continued to attract attention from campaign groups representing retirement leaseholders and from parliamentarians raising concerns about transparency and fairness in how these charges are applied and communicated. The consistent theme across this scrutiny is not that event fees are automatically unlawful, but that buyers are too often unaware of them until the fee becomes payable — usually at the least convenient possible moment.

What to Check Before Buying a Retirement Leasehold Property

If you’re considering buying a retirement flat — for yourself or a family member — a few practical checks before exchange can save a great deal of difficulty later.

Ask directly whether the lease includes an event fee. Don’t rely on the sales brochure or verbal reassurance. Request written confirmation of whether an exit, transfer, or event fee applies, and if so, exactly what triggers it.

Get the full lease reviewed by a solicitor with retirement leasehold experience. Event fee clauses can be worded in different ways, and a solicitor familiar with this specific corner of leasehold law is far better placed to explain what you’re agreeing to than a general conveyancer unfamiliar with retirement developments.

Ask what the fee is actually for. Some operators can explain clearly what the fee funds — for example, refurbishment of the property or contribution to shared facilities. If the explanation is vague or the fee seems disconnected from any specific service, treat that as a reason to ask more questions, not less.

Find out whether the fee increases over time. Some event fee structures are designed to increase the longer you own the property, rather than staying fixed. Understanding how the fee behaves over a long period of ownership matters just as much as understanding what it is on day one.

Ask how and when the fee becomes payable. Clarify who is responsible for paying it, when payment is expected relative to the sale being completed, and whether it affects how quickly sale proceeds can be released.

Compare against similar developments. Not every retirement development includes an event fee, and among those that do, the structure and rationale can vary significantly. It’s worth comparing more than one development rather than assuming the terms you’re offered are standard across the sector.

Consider getting independent financial advice. Because event fees interact with the eventual value realised from selling the property, independent advice — separate from the seller or developer — can help you understand the long-term picture before committing.

Selling a Retirement Leasehold Property

If you already own a retirement leasehold flat and are planning to sell, the practical starting point is the same: go back to your lease and confirm exactly what applies. Key questions to raise with your solicitor or the retirement operator include:

  • Whether an event fee applies to your specific lease and its precise terms
  • How the fee is confirmed at the point of sale.
  • Whether the fee is deducted from sale proceeds directly, or invoiced separately
  • What supporting documentation is the operator required to provide to explain the charge
  • Whether any other charges — such as administration fees for the sale process itself — apply in addition to the event fee

Being clear on these points early in the sale process, rather than discovering them once an offer has been accepted, avoids unwelcome surprises for both the seller and any buyer relying on a clean, well-understood transaction.

Rights of Executors and Families

Event fees have caused particular distress when a retirement leasehold property needs to be sold following the owner’s death, often at a time when the family is already dealing with grief, probate, and other practical matters. Executors handling an estate that includes a retirement leasehold property should be aware of a few things:

The event fee obligation typically survives the owner’s death. Because the fee is tied to the sale of the property rather than the individual owner personally, it generally still applies when the property is sold as part of an estate, unless the specific lease says otherwise.

Ask for a clear written statement of what’s owed. Executors are entitled to request a full, itemised explanation of any event fee or other charges from the retirement operator before completing a sale, rather than accepting a figure without supporting detail.

Factor timing into estate planning. Because retirement properties can sometimes take longer to sell than standard homes, and because charges may continue to accrue while the property remains unsold, it’s worth raising this early with a probate solicitor so the estate’s finances and timeline can be planned around it.

Seek advice if a charge seems unclear or excessive. If the amount being requested doesn’t match what the lease appears to say, or the explanation given is unsatisfactory, executors are entitled to seek independent legal advice before agreeing to pay, just as any leaseholder would be.

You’re not alone in navigating this. Retirement leasehold charities and campaign groups, along with solicitors specialising in this area, regularly help families through exactly this situation and are a useful first port of call if something feels unclear.

The Bottom Line

Event fees aren’t inherently improper, but the combination of a fee that lies dormant for years and only becomes payable at an emotionally significant moment — a house move in later life, or the sale of a loved one’s home after death — means transparency matters enormously. The single most protective step any buyer, seller, or executor can take is straightforward: get the lease properly reviewed, ask direct questions in writing, and don’t assume a fee doesn’t exist simply because nobody mentioned it during the sales process.

Frequently Asked Questions

1. What is an exit fee on a retirement property?

An exit fee, also known as an event fee, is a charge written into some retirement leasehold agreements that becomes payable when the property is sold or, in some cases, when it’s sublet. It sits alongside and is separate from ground rent and service charges.

2. Do all retirement leasehold properties have exit fees?

No. Some retirement developments and operators include event fee clauses in their leases, while others don’t, and some operators moved away from including them in newer leases some years ago. It varies by development and lease, so it should always be checked directly rather than assumed either way.

3. Can an exit fee be challenged?

Depending on the specific wording and circumstances, there may be grounds to question whether a fee is fair or properly explained. This is a specialist area, so anyone concerned about a fee they’ve been asked to pay should seek advice from a solicitor experienced in retirement leasehold matters.

4. Does an exit fee still apply after the owner has died?

Generally, yes — because the fee is usually tied to the sale of the property rather than to the individual owner, it typically still applies when the property is sold as part of an estate, unless the lease states otherwise. Executors should check the specific lease and request a clear written explanation of anything they’re asked to pay.

5. How can I find out if a retirement property I’m considering has an event fee?

Ask directly, in writing, and have the lease reviewed by a solicitor with specific experience in retirement leasehold property before committing to buy. Sales materials don’t always make the fee clear, so relying solely on brochures or verbal assurances isn’t advisable.

6. Are McCarthy and Stone the only retirement operator that uses exit fees?

No. While McCarthy and Stone is often referenced in discussions of exit fees because it moved away from including them in newer leases some years ago, event fee arrangements have been used by a number of retirement property operators. It’s important to check the terms of any specific development individually rather than assume based on the operator’s name alone.

Section 5 Notice: A Practical Guide to Right of First Refusal for UK Leaseholders

Posted on by Devs eCare

An unfamiliar envelope from your freeholder’s solicitor lands on the mat, and inside is a formal notice saying they intend to sell the freehold of your building. If you’ve never seen a Section 5 Notice before, it can look intimidating — full of legal references, strict deadlines, and language that assumes you already know what to do. In reality, it’s one of the more useful rights leaseholders have under English law, but only if you understand it and act within the time you’re given. This guide walks through what a Section 5 Notice actually means, what your options are, and the practical mistakes that cause leaseholders to lose out.

What Is a Section 5 Notice?

A Section 5 Notice is served under the Landlord and Tenant Act 1987. It’s the formal document a freeholder (or an intermediate landlord in some structures) must send to qualifying leaseholders before selling the freehold, or a superior lease, of a building containing flats.

The legal principle behind it is known as the right of first refusal. Before the freeholder can sell to an outside buyer, they must first offer the sale to the leaseholders in the building, on the same terms they intend to sell it elsewhere. Only if the leaseholders decline or fail to respond in time can the freeholder go ahead and sell to a third party.

It’s worth being clear about what this notice does and doesn’t do. It gives leaseholders the opportunity to buy — it isn’t an automatic block on the sale going ahead, and it doesn’t force the freeholder to keep the building if leaseholders aren’t interested. What it does is stop the freeholder from quietly selling to someone else without giving the people living there a fair chance to buy it first.

Why This Right Exists

The right of first refusal was introduced to address a specific problem: freeholders selling buildings to investors or other landlords without any input from the leaseholders who actually lived there, sometimes resulting in the building passing to a less cooperative or less transparent freeholder. By requiring the leaseholders to be offered the chance to buy first, the law gives residents a genuine opportunity to take control of their building’s ownership, rather than being passed between landlords with no say in the matter.

Failing to serve a Section 5 Notice when required isn’t a minor administrative slip. It’s treated as a criminal offence under the Act, which reflects how seriously the right of first refusal is meant to be taken.

Do You Qualify?

Not every leaseholder or every building is automatically covered by the right of first refusal, so it’s worth understanding the general shape of who qualifies:

  • The building generally needs to contain flats let to qualifying long leaseholders, with a majority of the building held on that basis.
  • Certain types of leaseholders are excluded from counting toward the majority — for example, someone who owns three or more flats in the same building is not treated as a qualifying tenant for this purpose.
  • Some ownership structures and transfers are exempt from the requirement altogether, such as certain transfers to family members or between related companies.

Because the qualifying rules involve several conditions working together, it’s sensible to have a solicitor confirm whether your specific building and lease arrangement qualifies, rather than assuming either way based on a general description.

What Happens When You Receive a Section 5 Notice

The notice sets out the terms. A proper Section 5 Notice will state the price and terms the freeholder is prepared to sell and will give leaseholders a formal window to respond.

You have a fixed period to respond. The law requires a minimum response period — typically at least two months from when the notice is served — for leaseholders to decide whether to accept the offer, though the exact deadline will be stated on the notice itself and should always be checked directly rather than assumed.

A majority decision is needed. For leaseholders to take up the right of first refusal, a majority of qualifying tenants in the building generally need to agree to accept the offer and follow through with the purchase. This means early conversation with your neighbours matters — a Section 5 Notice received by one flat affects everyone in the building.

Doing nothing has consequences. If the deadline passes without the required majority accepting, leaseholders lose the opportunity under that notice, and the freeholder becomes free to proceed with a sale to someone else — usually for a limited period afterwards, and generally not on terms more favourable to the buyer than what was offered to leaseholders.

What Are Your Options?

If you receive a Section 5 Notice, there are broadly three paths available, and the right one depends on your building, your neighbours, and your appetite for taking on collective ownership.

Accept and organise a purchase. If enough leaseholders are interested, the building’s leaseholders can come together — typically forming a company for the purpose — to purchase the freehold on the terms set out in the notice. This can be a genuine opportunity to gain long-term control over service charges, management decisions, and future costs.

Decline and let the sale proceed. Leaseholders are not obliged to buy. If there’s little appetite among residents, or the terms don’t make financial sense collectively, it’s entirely reasonable to let the notice lapse and allow the freeholder to sell to their intended buyer.

Negotiate before the deadline. In some cases, leaseholders may wish to query the price or terms set out in the notice, or seek professional advice on whether it represents fair value, before deciding whether to proceed. This should be done promptly, given the fixed response window.

Whichever route you’re considering, speaking to a solicitor experienced in leasehold enfranchisement early — ideally as soon as the notice arrives — gives you the best chance of making an informed decision within the time available.

Common Mistakes Leaseholders Make

Assuming someone else will deal with it. Because the notice is often addressed collectively, or because only one or two flats receive direct correspondence, it’s easy for leaseholders to assume their neighbours are handling it. In practice, coordinating a response is everyone’s responsibility, and confusion over who’s “dealing with it” is one of the most common reasons buildings miss their opportunity.

Underestimating how quickly the deadline arrives. A response period that sounds generous on paper — a couple of months — can disappear quickly once you factor in organising a residents’ meeting, agreeing on a way forward, instructing a solicitor, and arranging finance if needed. Leaseholders who treat the notice as something to deal with “eventually” often run out of time to act properly.

Not checking whether the notice is valid. Freeholders must follow specific requirements when serving a Section 5 Notice. If a notice appears incomplete, inconsistent, or unclear about the terms of sale, it’s worth having a solicitor review it rather than assuming it’s automatically valid or invalid yourself.

Missing the wider picture. Some leaseholders focus only on whether they personally want to buy, without considering that a majority decision is required. Even leaseholders who aren’t interested in participating financially may still want to understand how the building will be run under a new freeholder, since that affects everyone.

Failing to act because the group can’t agree. Disagreement among leaseholders about price, structure, or whether to proceed at all is common and can eat up valuable time. Having an early, organised conversation — rather than informal chats that drift without a decision — makes it far more likely that the building can respond within the deadline, one way or the other.

What If You Think a Section 5 Notice Should Have Been Served But Wasn’t?

If a freeholder sells the building without serving the required notice, leaseholders may have rights to challenge the sale or seek redress, since failing to offer the right of first refusal where it applies is a breach of the Act. This is a complex area and highly dependent on the specific circumstances of the sale, so it’s an area where early legal advice is particularly valuable rather than something to attempt to unpick alone.

Getting the Right Support

A Section 5 Notice moves quickly, involves a group decision, and carries real consequences if the deadline is missed. The most useful thing any leaseholder can do on receiving one is to treat it as urgent from day one: read it carefully, speak to neighbours promptly, and get a solicitor experienced in leasehold enfranchisement involved early enough that there’s genuinely time to weigh up the options — rather than scrambling in the final days before the response window closes.

Frequently Asked Questions

1. What is a Section 5 Notice?

A Section 5 Notice is a formal notice served under the Landlord and Tenant Act 1987, given to qualifying leaseholders when a freeholder intends to sell the freehold or superior lease of their building. It gives leaseholders the right of first refusal — the opportunity to buy on the same terms before the freeholder sells elsewhere.

2. Do I have to buy the freehold if I receive a Section 5 Notice?

No. The right of first refusal gives leaseholders the option to buy; it doesn’t require them to. If there isn’t enough interest or support among leaseholders, the sale can proceed to the freeholder’s intended buyer.

3. How long do leaseholders have to respond to a Section 5 Notice?

The response period is set out in the notice itself, and the law requires a minimum period, commonly at least two months, for leaseholders to accept the offer. The exact deadline should always be checked on the specific notice received, as timing can vary.

4. What happens if leaseholders miss the deadline?

If the required majority of leaseholders don’t accept the offer within the deadline, the right of first refusal under that notice lapses, and the freeholder is generally free to sell to a third party, typically on terms no better than those offered to leaseholders.

5. Is it a legal requirement for freeholders to serve a Section 5 Notice?

Yes, where the right of first refusal applies. Failing to serve a valid Section 5 Notice when required is treated as a criminal offence under the Landlord and Tenant Act 1987.

6. Can one leaseholder buy the freehold alone after a Section 5 Notice?

Typically, the right of first refusal involves a majority of qualifying leaseholders in the building acting together, often through a company formed for the purpose, rather than a single leaseholder purchasing independently. Individual circumstances can vary, so it’s worth getting specific advice for your building.

7. What should I do first if I receive a Section 5 Notice?

Read the notice carefully to identify the deadline, speak to your neighbours as soon as possible to gauge interest, and contact a solicitor experienced in leasehold enfranchisement early, since the response window moves faster than it may first appear.

Buildings Insurance Commission Ban for Leaseholders: What UK Homeowners Need to Know

Posted on by Devs eCare

If you’ve ever looked at your service charge bill and wondered why the building’s insurance line seems so much higher than a policy for a similar-sized building would normally cost, you’re not alone.

For years, buildings insurance placed on leasehold blocks has quietly included commission payments to freeholders and managing agents, payments that leaseholders funded through their service charge, often without knowing they existed. That’s now changing.

This guide explains what the buildings insurance commission ban means, why it’s happening, and what UK leaseholders should expect as the reforms take effect.

Why Buildings Insurance Became a Problem for Leaseholders

In a typical leasehold block, the freeholder or their managing agent arranges buildings insurance on behalf of everyone living there, and the cost is passed on to leaseholders through the service charge.

On the surface, this is a sensible arrangement; someone needs to organise cover for the whole building. The trouble is who was treated as the actual customer of the policy.

For a long time, insurers and brokers considered the freeholder or managing agent — not the leaseholder — to be the customer.

That mattered because it meant leaseholders had no automatic right to see the policy, question the price, or find out how it had been arranged.

Into that gap crept a widespread practice of brokers sharing a slice of the premium with freeholders and managing agents as a commission, in exchange for placing business with them. Because leaseholders weren’t treated as customers, they had no visibility of this at all.

Regulatory reviews found that this commission had grown substantially over time, with little evidence that leaseholders were getting better cover or service in return.

In many cases, the party choosing the insurer had a financial incentive to pick the policy paying the highest commission, rather than the one offering the best value for the people actually footing the bill.

What’s Actually Changing

Reform has come through two separate but connected routes: regulatory changes from the Financial Conduct Authority and legislative changes under the Leasehold and Freehold Reform Act 2024.

Leaseholders are now recognised as customers. Financial Conduct Authority rules require insurers and brokers to treat leaseholders as customers of the buildings insurance policy that covers their home, not merely as a source of funding for someone else’s contract.

This shifts the underlying relationship in leaseholders’ favour and brings a duty on insurers to act in their interests.

Fair value and transparency requirements. Insurers are required to ensure their policies represent fair value to leaseholders and to provide clear information about the policy and its pricing, including any commission arrangements attached to it.

A move away from commission-based remuneration. The broader direction of reform is to replace hidden commissions with transparent, itemised fees for specific work actually carried out — such as handling claims, administering premiums, or coordinating fire risk assessments — rather than payments simply tied to the size of the premium.

Disclosure documents. Firms arranging the insurance are required to provide a disclosure document setting out policy and cost details, which must be passed on to leaseholders rather than kept between the freeholder, managing agent, and broker.

Together, these changes are intended to close the gap between how leasehold insurance has traditionally worked and the level of transparency leaseholders would expect from any other insurance product they were paying for.

Why This Reform Took So Long

The scale of the issue is a large part of why reform has taken time to work through.

Regulatory reviews identified that broker income from this type of business had increased considerably over a short period, without a corresponding case being made for what additional value leaseholders were receiving.

That evidence built a strong case for change, but implementing it properly has meant coordinating between the financial regulator, the insurance industry, and separate housing legislation — which is why the reforms have rolled out in stages rather than all at once.

Some elements, such as the requirement to treat leaseholders as customers and to disclose commission information, are already in force.

Other elements — particularly a fuller ban on commission-based remuneration being recovered through the service charge, replaced instead by clearly defined and justified fees — are being phased in as secondary legislation is finalised.

Because timing can shift, leaseholders should check the current position rather than assume every element of reform is already live.

What This Means for You as a Leaseholder

You’re entitled to see the details. As a recognised customer of the policy, you should be able to obtain clear information about your building’s insurance, including who arranged it, what it covers, and details of any commission or fee involved.

You can ask questions before simply paying. If your service charge insurance line seems unusually high, or you don’t recognise the breakdown you’ve been given, you now have a stronger footing to ask your freeholder or managing agent to explain it, rather than being expected to accept the figure without question.

Fees should be justified by actual work. Rather than a commission tied to the premium amount, any charge connected to arranging or managing your buildings insurance should reflect a specific, identifiable service — and should be disclosed clearly rather than folded invisibly into the premium.

This sits alongside wider service charge reform. The insurance commission changes are part of a broader push under the Leasehold and Freehold Reform Act 2024 to standardise service charge information and make costs easier for leaseholders to scrutinise generally, so it’s worth reading any updated insurance information alongside your wider service charge documents.

What Leaseholders Can Do Now

Ask for a breakdown. Request the insurance disclosure document and a clear explanation of how the policy was arranged, including whether any commission or fee is included and what it relates to.

Compare against what similar buildings pay. While every building is different, it’s reasonable to ask your managing agent how your premium compares to similar-sized blocks, particularly if the cost has risen sharply without an obvious cause such as a claim or a change in rebuild value.

Raise concerns formally if something doesn’t add up. If the information you’re given doesn’t seem to justify the cost, put your questions in writing to the freeholder or managing agent. A written paper trail is useful if the matter needs to be escalated later.

Keep an eye on further changes. As secondary legislation under the 2024 Act is finalised, further detail on permitted fees and the mechanics of the commission ban will be published. It’s worth checking for updates if your building’s insurance renewal is approaching.

A More Transparent Relationship, Gradually Arriving

The buildings insurance commission ban reflects a broader shift in how leasehold property is regulated in the UK — moving away from arrangements where leaseholders fund decisions made entirely by someone else, toward a model where they’re recognised as the people actually paying for, and entitled to understand, the cover on their home.

It won’t undo years of past charges overnight, and the full rollout is still working its way through regulation, but the direction is clear: buildings insurance for leasehold properties is being pulled out of the shadows.

Frequently Asked Questions

1. Why did leaseholders pay hidden commissions on buildings insurance?

Because leaseholders weren’t traditionally recognised as customers of the buildings insurance policy, even though they funded it through their service charge. This meant they had no automatic right to see the policy or know whether commission was being paid to the freeholder or managing agent for arranging it.

2. Has the Buildings Insurance Commission ban come into force yet?

Some elements are already in force, including requirements to treat leaseholders as customers and to provide clearer information about policies and pricing. A fuller ban on commission being recovered through the service charge is being phased in through secondary legislation, so it’s worth checking the current status before assuming every change already applies.

3. Can I ask to see my building’s insurance policy?

Yes. As a recognised customer of the policy, you’re entitled to request details of your buildings insurance, including cost information and disclosure documents, from your freeholder or managing agent.

4. What replaces commission once the ban is fully in force?

Instead of a commission tied to the size of the premium, freeholders and managing agents are expected to charge transparent, itemised fees for specific work, such as handling claims or coordinating risk assessments, which must be clearly disclosed rather than built invisibly into the premium.

5. Does this reform apply to all leasehold buildings?

The reforms are aimed at multi-occupancy leasehold buildings where a freeholder or managing agent arranges buildings insurance on behalf of leaseholders through the service charge.

Individual circumstances can vary, so it’s worth checking how the rules apply to your specific building and lease.

6. What should I do if I think I’ve been overcharged in the past?

Start by requesting a full breakdown of your insurance costs and any commission history from your freeholder or managing agent. If you remain concerned, it’s worth seeking advice on what options may be available to you, since approaches can vary depending on your individual lease and circumstances.

Freehold Estate Rentcharges & Service Charges: What UK Homeowners Need to Know

Posted on by Devs eCare

For generations, “freehold” meant one thing to UK homebuyers: you own the house, you own the land, and nobody sends you a bill for managing it. That’s no longer quite true.

Across thousands of new-build estates in England and Wales, freehold homeowners are opening envelopes to find service charge demands, estate management invoices, and something called a “rent charge”, a legal mechanism most buyers have never heard of until it lands on their doormat.

This guide explains what a freehold estate rentcharge actually is, why it exists, what it means for your rights as a homeowner, and what to check before you buy a freehold property on a private estate.

Why Would a Freehold House Have a Service Charge at All?

Traditionally, service charges were fees that leaseholders paid to the freeholder for maintaining shared areas like hallways, lifts, and building insurance in a block of flats. Freehold houses didn’t need this because there was rarely anything communal to maintain.

That’s changed with the way modern estates are built. Many new developments include private roads, shared drainage, landscaped verges, play areas, balancing ponds, electric gates or communal lighting infrastructure that sits outside any individual property boundary but still needs upkeep.

Local councils increasingly decline to “adopt” this infrastructure (meaning they won’t take over ownership and maintenance of it), so developers set up a private arrangement instead: a management company is appointed to look after the communal areas, and homeowners on the estate are charged for it.

The result is a freehold house that comes with an ongoing financial obligation even though, on paper, the buyer owns their home outright. If you’re considering a freehold property with estate charges or other property-related obligations, professional advice can help you understand the potential valuation implications before making a decision.

What Is an Estate Rentcharge?

An estate rentcharge is the legal tool that makes this arrangement enforceable. Rather than a service charge clause in a lease (which doesn’t exist for a freehold property), the developer attaches a rentcharge to the title of each house. This creates a charge against the property itself, which the rentcharge owner — usually a management company — can use to recover unpaid fees.

In practice, this means the estate management company has a legal right to collect payment for the maintenance of communal areas and, crucially, a set of remedies if a homeowner doesn’t pay. Historically, rentcharge law allowed for quite severe enforcement powers, including entering the property to carry out works or, in rare cases, taking possession of it for non-payment. Reform has been underway to soften some of the harshest of these powers, but the fundamental point stands: an estate rentcharge is not a polite request for a contribution. It’s a legally enforceable debt secured against your home.

Freehold Homeowners Don’t Get the Same Protections as Leaseholders

This is the part that catches most buyers off guard. Leaseholders who pay service charges have a well-established set of statutory protections: rights to see a breakdown of costs, rights to challenge unreasonable charges at a tribunal, and consultation requirements before major works are carried out.

Freeholders on private estates historically have not had the same statutory footing. Because the charge arises from a rentcharge or estate management deed rather than a residential lease, many of the protections built up over decades of leasehold law simply don’t apply in the same way. That gap has been a long-standing concern for consumer groups, and reform in this area has been moving to extend some service charge transparency and challenge rights to estate charges, but the protections are not identical to those available to leaseholders, and homeowners should not assume they automatically have the same recourse.

The practical effect: if you’re unhappy with the cost or standard of upkeep on your estate, your options for challenging it may be more limited, and the process less familiar than the well-trodden leasehold dispute route.

What Do Estate Service Charges Actually Cover?

The communal areas covered by an estate charge vary from development to development, but commonly include:

  • Private roads and pavements not adopted by the local council
  • Landscaped verges, communal gardens, and open green space
  • Play areas and other shared amenities
  • Surface water drainage systems and balancing ponds
  • Estate lighting
  • Electric or manually operated entrance gates
  • Boundary fencing or walls around communal land
  • Building insurance for any shared structures

It’s worth noting that an estate charge is separate from your own buildings and contents insurance. It covers communal areas, but ‘communal’ can be interpreted broadly, so it’s worth understanding exactly what’s included before you buy.

What Should Homeowners and Buyers Check Before Committing?

Whether you’re already living on an estate with a rentcharge, or you’re considering buying a freehold house on a new development, there are some sensible checks to make:

Ask what’s actually adopted. Find out which parts of the estate — roads, drains, open space — have been or will be adopted by the local authority, and which will remain privately managed indefinitely. Some developments include a mix, with certain roads adopted and others left private.

Find out who manages the estate. Ask whether the management company is independent or whether homeowners themselves will eventually become shareholders or members of it. Estates where residents have a stake in the management company generally offer more say over how it’s run and where the money goes.

Ask to see the estate management deed or transfer document. This sets out exactly what you’re obligated to pay for and under what terms. It’s worth having a solicitor review this alongside the property’s title before exchange.

Check whether there’s a plan to hand the estate over to residents. Some developments are designed so that, once fully built out, management transfers to a resident-run company. Others are set up to remain under third-party management permanently. This has a real bearing on long-term costs and control.

Understand the enforcement mechanism. Ask specifically how unpaid charges are enforced and what notice you’d receive before any action is taken. This is a reasonable — and increasingly common — question for a conveyancing solicitor to raise on your behalf.

Speak to existing residents if you can. Online estate or community groups for the development are often the fastest way to find out how well the arrangement actually works in practice, rather than how it’s described in the marketing brochure.

Mortgage Lenders Are Paying Attention Too

It’s not only buyers who have become more cautious about estate rent charges. Some mortgage lenders have grown wary of freehold properties subject to onerous rentcharge terms, particularly where the rentcharge carries strong enforcement powers or where the charge itself could escalate significantly over time.

This doesn’t mean a mortgage won’t be available, but it does mean the terms of the rentcharge can come under closer scrutiny during the lending process, and a solicitor’s report on title will typically flag any concerns.

Reform Is Underway, But Slowly

The government has acknowledged that freeholders on private estates deserve better protection, and reform in this area has been the subject of ongoing consultation as part of the broader shake-up of leasehold and property charges in England and Wales.

The direction of travel points toward greater transparency and stronger rights to challenge estate charges, bringing freeholders’ protections closer in line with those long available to leaseholders.

Until any reforms are fully in force, though, homeowners are relying on the terms of their individual estate management deed, general consumer protection law, and the willingness of the management company to act reasonably. That makes due diligence before buying — and clear communication with your management company once you own the property — genuinely important.

Frequently Asked Questions

1. Can a freehold house really have a service charge?

Yes. It’s increasingly common on new-build estates where private roads, drainage, or shared green space need ongoing maintenance, and the local council hasn’t adopted them. The charge is usually secured against the property through an estate rentcharge or management deed rather than a lease.

2. What’s the difference between a rent charge and a leasehold service charge?

A leasehold service charge arises from the terms of a lease and comes with well-established statutory protections, including the right to challenge unreasonable charges at a tribunal. An estate rentcharge is a separate legal mechanism attached to a freehold title, and historically hasn’t carried the same statutory protections, although reform is gradually narrowing that gap.

3. Can I refuse to pay an estate rent charge?

Non-payment can lead to enforcement action, since the rent charge is a legal charge secured against the property. Rather than refusing to pay, homeowners with concerns about the charge are generally better placed to raise them formally with the management company, seek legal advice, or look into any applicable challenge routes rather than withholding payment outright.

4. How do I find out if a house I’m buying has an estate rentcharge?

Your conveyancing solicitor should identify this during the title check and will usually flag any rentcharge or estate management obligations before exchange. It’s worth asking the question directly and requesting sight of the relevant management deed.

5. Will estate rent charges be banned or reformed?

Reform has been under active consideration as part of wider leasehold and freehold property charge changes in England and Wales, aimed at improving transparency and giving freeholders stronger rights to challenge estate charges. As with much of this legislation, timing and final details are still being worked through, so it’s sensible to check the current position before buying rather than assume protections already exist.

6. Does an estate rent charge affect my ability to get a mortgage?

It can factor into a lender’s assessment, particularly if the rent charge terms are considered onerous or open-ended. Most standard estate rentcharges won’t prevent a mortgage, but your solicitor’s report on title will typically highlight anything a lender might want reassurance on.

10 Expert Tips for Extending Your Residential Lease Successfully

Posted on by LV-Admin

Extending your residential lease is one of the most important decisions many leaseholders will make. A longer lease can provide greater security, improve marketability, and offer increased confidence for both current owners and future buyers.

Although the lease extension process follows a legal framework, every property is different. Understanding your rights, planning ahead, and seeking professional advice can help make the process more straightforward.

This guide shares ten practical tips to help leaseholders prepare for a residential lease extension in 2026. Whether you are considering extending your lease soon or simply planning for the future, these recommendations can help you approach the process with greater confidence.

Why Extending Your Residential Lease Matters

A residential lease reduces over time, making the remaining lease term an important consideration for homeowners.

Extending a lease can offer several long-term benefits, including:

  • Greater long-term security.
  • Improved market appeal.
  • Increased confidence for potential buyers.
  • Better mortgage opportunities, depending on individual lender requirements.
  • Removal of ongoing ground rent through the statutory lease extension process.
  • Greater peace of mind for future property planning.

Every leaseholder’s circumstances are different, so obtaining professional advice before making decisions is always recommended.

When Is the Best Time to Extend Your Lease?

Many leaseholders begin considering a lease extension well before the remaining lease term becomes a concern.

Planning ahead allows homeowners to understand their options, obtain professional advice, and avoid unnecessary pressure when selling or remortgaging a property.

Rather than waiting until time becomes a significant factor, reviewing your lease regularly can help you decide when a lease extension may be appropriate for your individual circumstances.

A RICS-regulated surveyor and an experienced solicitor can explain the available options and guide you through the legal process.

Tip 1: Plan Ahead

One of the most effective ways to approach a lease extension is to plan ahead rather than waiting until you need to sell or refinance your property.

Regularly reviewing your lease allows you to:

  • Understand your current position.
  • Consider your long-term property plans.
  • Seek professional advice at an early stage.
  • Prepare the necessary documentation.
  • Make informed decisions without unnecessary time pressure.

Taking a proactive approach often provides greater flexibility throughout the lease extension process.

Tip 2: Seek Professional Advice Early

Lease extensions involve legal procedures and property-specific considerations.

Working with experienced professionals from the beginning can help you understand your rights, avoid common mistakes, and ensure the correct legal procedures are followed.

A RICS-regulated surveyor can provide independent professional advice, while an experienced solicitor can manage the legal aspects of the lease extension.

Seeking advice early often helps the process progress more smoothly.

Tip 3: Understand the Lease Extension Process

Before beginning a lease extension, it is helpful to understand the main stages involved.

Although every case is different, the process generally includes:

  • Confirming eligibility.
  • Reviewing the lease.
  • Obtaining professional advice.
  • Preparing the required legal documentation.
  • Serving the appropriate legal notice where applicable.
  • Communicating with the freeholder.
  • Completing the legal process once an agreement has been reached.

Understanding the overall process allows leaseholders to prepare more effectively and reduces uncertainty throughout the transaction.

Professional advisers can explain each stage in detail and answer any questions based on your individual circumstances.

Why Professional Guidance Makes a Difference

Lease extension legislation can be complex, and every property presents its own legal and practical considerations.

Professional advisers help leaseholders:

  • Understand the legal requirements.
  • Navigate the statutory process.
  • Communicate with the freeholder.
  • Prepare the necessary documentation.
  • Progress the matter efficiently.
  • Make informed decisions throughout the process.

Having experienced professionals involved from the outset can provide reassurance and reduce the likelihood of avoidable delays.

Tip 4: Choose Experienced Professional Advisers

Selecting the right professionals is one of the most important steps in extending your residential lease. Lease extensions involve specialist legal and property matters, so working with advisers who regularly deal with leasehold legislation can help the process run more smoothly.

Work with a RICS-Regulated Surveyor

A RICS-regulated surveyor can provide independent advice throughout the lease extension process. Their experience with leasehold matters helps leaseholders understand the process, review the property’s circumstances, and provide professional guidance during discussions with the freeholder.

Choosing a surveyor with experience in lease extensions can help ensure you receive advice tailored to your individual situation.

Instruct a Specialist Solicitor

A solicitor experienced in leasehold law manages the legal aspects of your lease extension. They prepare the required legal notices, communicate with the freeholder’s representatives, ensure statutory procedures are followed, and oversee the legal completion of the new lease.

Working with a solicitor who regularly handles lease extensions can reduce the risk of delays and help ensure the legal process is completed correctly.

Tip 5: Know Your Legal Rights

Many leaseholders have legal rights that allow them to extend their lease, provided they meet the relevant eligibility requirements.

Understanding these rights before beginning the process helps you make informed decisions and understand what options may be available.

A solicitor can explain:

  • Whether you qualify for a statutory lease extension.
  • The legal process involved.
  • The documentation is required.
  • Important legal deadlines.
  • Your responsibilities throughout the process.

Because legislation continues to evolve, it is always advisable to rely on the current legal position rather than outdated guidance.

Tip 6: Prepare for the Lease Extension Process

Good preparation can make the lease extension process more organised and reduce unnecessary delays.

Before beginning, it is helpful to gather key documents and information relating to your property.

This may include:

  • A copy of your lease.
  • Property ownership documents.
  • Correspondence relating to the property.
  • Contact details for the freeholder or managing agent.
  • Any documents requested by your solicitor or surveyor.

Having this information readily available allows your professional advisers to begin reviewing your case without unnecessary delays.

Tip 7: Understand Your Available Options

Leaseholders may have different options available depending on their individual circumstances and the legal rights that apply to their property.

Professional advisers can explain:

  • The statutory lease extension process.
  • Whether an alternative agreement may be appropriate.
  • The advantages and practical considerations of each approach.
  • The legal procedures involved.
  • Which option is likely to be most suitable for your circumstances?

Rather than assuming one approach is suitable for every property, obtaining independent advice helps ensure decisions are based on your individual needs.

Keep Communication Clear Throughout the Process

Lease extensions often involve communication between leaseholders, solicitors, surveyors, freeholders, and managing agents.

Maintaining clear and organised communication can help avoid misunderstandings and keep the process progressing efficiently.

Some good practices include:

  • Responding promptly to correspondence.
  • Keeping copies of important documents.
  • Recording key dates.
  • Asking questions whenever clarification is needed.
  • Keep your professional advisers informed of any changes.

Good communication helps ensure everyone involved understands the next steps throughout the process.

Why Early Planning Makes a Difference

Many leaseholders only begin considering a lease extension when they intend to sell or remortgage their property.

However, planning ahead often provides greater flexibility.

Reviewing your lease regularly, seeking professional advice, and understanding your options before decisions become urgent allows you to approach the process with greater confidence.

Every leasehold property is different, and early preparation gives you more time to consider the most appropriate course of action for your circumstances.

Tip 8: Keep Your Documentation Organised

Keeping accurate records throughout the lease extension process can help avoid unnecessary delays and make communication with professional advisers much easier.

Important documents may include:

  • Your current lease.
  • Property ownership documents.
  • Correspondence with the freeholder or managing agent.
  • Letters from your solicitor.
  • Reports prepared by your surveyor.
  • Copies of completed legal notices and other important paperwork.

Maintaining organised records helps ensure information is readily available whenever it is needed and supports a smoother lease extension process.

Tip 9: Avoid Common Lease Extension Mistakes

Many leaseholders only go through the lease extension process once, so it is understandable that mistakes can happen. Seeking professional advice early can help avoid common issues.

Some of the most common mistakes include:

Waiting Too Long

Delaying a lease extension can reduce the options available and may create unnecessary pressure if you later decide to sell or remortgage your property.

Not Understanding the Process

Beginning a lease extension without understanding the legal procedures can lead to confusion and delays.

Taking time to understand the process before starting allows you to approach each stage with greater confidence.

Choosing Advisers Without Relevant Experience

Lease extension work requires specialist knowledge.

Selecting experienced leasehold professionals helps ensure the legal and practical aspects of the process are handled correctly.

Failing to Keep Records

Misplaced documents or incomplete records can slow progress and make it more difficult to deal with queries that arise during the process.

Keeping everything organised from the outset makes communication easier for everyone involved.

Relying on Outdated Information

Leasehold legislation continues to change over time.

Always rely on current professional advice rather than information that may no longer reflect the latest legal position.

Tip 10: Seek Professional Advice as Early as Possible

One of the best decisions a leaseholder can make is to seek advice before beginning the lease extension process.

Professional advisers can explain:

  • Your legal rights.
  • The steps involved.
  • The documentation is required.
  • The available options.
  • Any legal responsibilities that apply to your circumstances.

Early advice allows you to prepare properly and make informed decisions based on your individual property.

Frequently Asked Questions

1. Why should I extend my residential lease?

Extending a lease can provide greater long-term security, improve the property’s market appeal, and give homeowners greater confidence when planning for the future.

2. When should I start thinking about extending my lease?

It is generally advisable to review your lease well before the remaining term becomes a concern. Planning ahead provides more time to understand your options and seek professional advice.

3. Can I extend my lease if I qualify?

Many leaseholders have legal rights to extend their lease, subject to the relevant legislation and eligibility requirements. A solicitor can explain your individual position.

4. Do I need professional advice?

Yes. A RICS-regulated surveyor and an experienced leasehold solicitor can guide you through the legal process and provide advice tailored to your circumstances.

5. How long does the process take?

The time required varies depending on the individual circumstances of each case, including the legal process and communication between the parties involved.

6. Can I negotiate directly with the freeholder?

Some leaseholders may discuss lease extension options directly with the freeholder. However, obtaining independent legal and professional advice before making decisions is strongly recommended.

7. Where can I obtain help with my lease extension?

Professional advice is available from experienced RICS-regulated surveyors and solicitors who specialise in leasehold matters.

Why Choose Leasehold Valuations?

Extending a residential lease involves important legal and property decisions, and having experienced professionals by your side can make the process much easier.

At Leasehold Valuations, our RICS-regulated surveyors provide independent advice to leaseholders across London, Berkshire and the Home Counties. We work alongside solicitors and other professionals to support leaseholders with residential lease extensions, freehold purchases, and related leasehold matters.

Whether you are reviewing your lease, planning for the future or ready to begin the lease extension process, our experienced team can provide clear, practical guidance tailored to your circumstances.

Contact Leasehold Valuations

If you are considering extending your residential lease and would like independent professional advice, contact Leasehold Valuations today.

Our experienced team can explain your options, answer your questions, and help you understand the next steps based on your individual circumstances.

Conclusion

Extending your residential lease is an important step in protecting the long-term value and marketability of your property. Understanding your rights, planning ahead, and obtaining professional advice can help you approach the process with confidence.

Every leasehold property is different, so decisions should always be based on your individual circumstances and the current legal framework.

With the support of experienced professionals, leaseholders can navigate the lease extension process more effectively and make informed decisions for the future.

How to Apply for Leasehold Enfranchisement in 2026: Step-by-Step Guide

Posted on by LV-Admin

Owning the freehold of your property can provide greater control over its future and remove many of the challenges associated with leasehold ownership. If you are considering buying the freehold of your house or joining with other leaseholders to purchase the freehold of your building, understanding the leasehold enfranchisement process is an important first step.

Leasehold enfranchisement follows a legal procedure that includes eligibility checks, formal notices, negotiations, and legal completion. While the process can appear complex, careful preparation and advice from experienced professionals can help it progress more smoothly.

This guide explains the leasehold enfranchisement process in 2026, including who may qualify, the main stages involved, common mistakes to avoid, and the latest legislative developments. Whether you are planning ahead or actively considering a claim, understanding the process can help you make informed decisions.

What Is Leasehold Enfranchisement?

Leasehold enfranchisement is the legal right that allows qualifying leaseholders to purchase the freehold of their property under certain circumstances.

For leasehold houses, eligible owners may be able to purchase the freehold individually. For blocks of flats, qualifying leaseholders can work together to purchase the freehold collectively. Once the purchase has been completed, the participating leaseholders become the freeholders, giving them greater control over the management and future of the building.

Owning the freehold can provide greater flexibility when managing the property, making long-term decisions, and improving security for the future.

Who Is Eligible to Apply for Leasehold Enfranchisement?

Eligibility depends on several legal requirements, including the type of property and whether it meets the conditions set out in current legislation.

Individual Enfranchisement

Owners of qualifying leasehold houses may have the legal right to purchase the freehold of their property. The exact eligibility requirements depend on the relevant legislation and the individual circumstances of the property.

Collective Enfranchisement

Leaseholders in a block of flats may have the right to purchase the freehold together through collective enfranchisement. This allows participating leaseholders to work together to acquire ownership of the building’s freehold.

General Qualifying Requirements

Although every case should be assessed individually, common qualifying factors include:

  • The property must satisfy the relevant legal requirements.
  • The leaseholders involved must meet the statutory eligibility criteria.
  • Sufficient qualifying leaseholders must participate where a collective claim is being made.
  • The claim must follow the correct legal procedure.

Because every property is different, obtaining professional advice before beginning the process can help confirm whether the necessary requirements are met.

Individual vs Collective Enfranchisement

Understanding the difference between individual and collective enfranchisement helps leaseholders identify which route may be appropriate.

Individual Enfranchisement

This applies to qualifying leasehold house owners who wish to purchase the freehold of their own property.

Typical features include:

  • One qualifying leaseholder makes the claim.
  • The freehold of a single house is acquired.
  • Ownership transfers directly to the qualifying leaseholder.

Collective Enfranchisement

This applies to qualifying leaseholders within a block of flats who purchase the freehold together.

Typical features include:

  • Multiple qualifying leaseholders participate.
  • The freehold of the entire building is acquired.
  • Ownership is commonly held through a company representing the participating leaseholders.

Choosing the appropriate route depends on the type of property and the legal rights available.

Benefits of Buying the Freehold

Purchasing the freehold can offer several long-term advantages for qualifying leaseholders.

These may include:

  • Greater control over building management.
  • Increased involvement in maintenance decisions.
  • Greater flexibility when planning for the future.
  • Improved certainty over ownership arrangements.
  • The opportunity to work collaboratively with other leaseholders where appropriate.
  • Enhanced appeal for future buyers in many circumstances.

The benefits will vary depending on the property, ownership structure, and individual objectives, so professional advice is always recommended before proceeding.

Step 1: Check Your Eligibility

Before starting the leasehold enfranchisement process, confirm that both the property and the participating leaseholders meet the legal eligibility requirements. This is one of the most important stages because submitting a claim without meeting the necessary criteria can lead to delays or complications.

Although many leaseholders can assess the basic requirements themselves, it is sensible to seek professional advice before proceeding. An experienced solicitor or RICS-regulated surveyor can review your circumstances, identify any potential issues, and explain the most appropriate way to move forward.

Taking the time to establish eligibility at the beginning helps create a stronger foundation for the rest of the process.

Step 2: Appoint Experienced Professional Advisers

Leasehold enfranchisement involves legal documentation, strict procedures, and communication between multiple parties. Having the right professional advisers from the outset can help ensure the process runs as smoothly as possible.

Work with a RICS-Regulated Surveyor

A RICS-regulated surveyor with experience in leasehold matters can provide independent professional advice throughout the process. They can explain the legal framework, review your property’s circumstances, and assist during discussions with the freeholder where appropriate.

Choosing a surveyor who regularly handles leasehold enfranchisement matters can provide valuable guidance and help you make informed decisions at every stage.

Instruct a Specialist Solicitor

An experienced solicitor plays an essential role in managing the legal aspects of your claim. They prepare and serve the required notices, ensure legal deadlines are met, communicate with the freeholder’s representatives, and oversee the legal transfer once an agreement has been reached.

For collective enfranchisement, the solicitor can also advise on the most appropriate ownership structure for the participating leaseholders and ensure all legal documentation is completed correctly.

Working with professionals who specialise in leasehold enfranchisement can reduce the risk of avoidable errors and provide reassurance throughout the process.

Step 3: Prepare Your Claim

Once eligibility has been confirmed and your professional advisers are in place, the next step is preparing your claim.

Preparation usually involves gathering the documents and information required to support the application. This may include copies of leases, ownership details, and other property records that help demonstrate eligibility.

At this stage, your solicitor will also review the information provided, advise on any additional documents that may be required, and ensure everything is ready before formal notices are served.

Good preparation helps minimise delays later in the process and allows any potential issues to be identified at an early stage.

Step 4: Serve the Initial Notice

The leasehold enfranchisement process formally begins when the appropriate legal notice is served on the freeholder.

This notice confirms that the qualifying leaseholder or participating leaseholders wish to exercise their legal rights under the relevant legislation. Because legal notices must contain specific information and follow statutory requirements, they should always be prepared and served by an experienced solicitor.

The notice typically includes:

  • Details of the qualifying leaseholders.
  • Information identifying the property.
  • The legal basis for the claim.
  • Details of the nominated purchaser, where applicable.
  • The timeframe for the freeholder to respond.

Accuracy is essential. Errors or missing information may delay the process or require additional legal work, so careful preparation is strongly recommended.

Step 5: The Freeholder’s Response

After receiving the Initial Notice, the freeholder has the opportunity to respond in accordance with the legal process.

The response may:

  • Confirm that the claim is accepted.
  • Request clarification or additional information.
  • Raise questions regarding eligibility.
  • Identify matters that require further discussion before the claim progresses.

In many cases, both parties continue communicating through their professional advisers to resolve outstanding issues and work towards an agreed outcome.

Maintaining clear communication and responding promptly to requests for information can help keep the process moving efficiently.

Working Towards an Agreement

Following the exchange of formal notices, discussions between the leaseholders and the freeholder usually continue with the support of their respective professional advisers.

These discussions are intended to resolve any outstanding matters before the legal transfer is completed. Every property is different, and the length of this stage can vary depending on the circumstances and the complexity of the claim.

Where agreement is reached, the legal process can move forward towards completion. If certain issues remain unresolved, the available legal procedures provide a structured framework for bringing the matter to a conclusion.

Throughout this stage, maintaining organised records, responding promptly to correspondence, and relying on experienced professional advice can help the process progress more smoothly.

 

What Happens If an Agreement Cannot Be Reached?

Not every leasehold enfranchisement claim is resolved through discussion. If certain issues remain outstanding after both parties have had the opportunity to negotiate, the law provides a formal process for resolving disputes.

Depending on the circumstances, either party may refer the matter to the appropriate legal body for an independent decision. This ensures that disagreements are considered fairly and in accordance with the relevant legislation.

Professional representation can be particularly valuable at this stage, helping leaseholders understand the process, prepare the necessary documentation, and present their case effectively.

Although formal proceedings are available where required, many claims are resolved before this stage through constructive communication and professional guidance.

Completing the Freehold Purchase

Once all legal matters have been resolved, the purchase of the freehold can be completed.

Your solicitor will prepare the final legal documentation, coordinate the completion process, and arrange for the transfer of ownership to be registered. For collective enfranchisement, the freehold is often transferred to a company representing the participating leaseholders.

Following completion, the new freeholders assume responsibility for the management and future of the property. This provides greater control over decisions affecting the building and allows leaseholders to manage the property in a way that best meets their long-term objectives.

Keeping important legal documents safely stored after completion is recommended, as they may be required for future property transactions or management decisions.

Common Mistakes to Avoid During Leasehold Enfranchisement

Although every claim is different, several common mistakes can delay the process or create unnecessary complications.

Failing to Confirm Eligibility

Starting the process without first confirming that the legal requirements are met may result in avoidable delays. Taking professional advice early can help identify any issues before a claim is submitted.

Choosing Advisers Without Relevant Experience

Leasehold enfranchisement is a specialist area of property law. Working with professionals who regularly handle these matters can help ensure the correct procedures are followed.

Incomplete Documentation

Missing or inaccurate documents can slow progress and require additional correspondence. Organising paperwork before submitting a claim helps reduce delays.

Missing Legal Deadlines

The process includes statutory timeframes that should be carefully monitored. Responding promptly to requests and keeping in regular contact with your solicitor can help avoid unnecessary complications.

Poor Communication Between Participants

For collective enfranchisement, cooperation between participating leaseholders is essential. Clear communication and agreed responsibilities can help the process progress more efficiently.

Delaying Professional Advice

Seeking advice only after problems arise can make resolving issues more difficult. Consulting experienced professionals from the outset often leads to a smoother and more organised process.

Leasehold Reform Update for 2026

Leasehold legislation continues to evolve, and leaseholders should ensure they rely on the most up-to-date legal guidance when considering enfranchisement.

Recent reforms have introduced changes affecting leasehold ownership, while additional proposals continue to be considered by the Government. As legislation develops, eligibility requirements and procedural rules may change over time.

Because reforms are implemented at different stages, it is important to base decisions on the law currently in force rather than on proposed changes that have not yet taken effect.

Before beginning a claim, discuss the current legal position with a qualified solicitor or RICS-regulated surveyor who specialises in leasehold matters. They can explain how the latest legislation applies to your particular circumstances.

Frequently Asked Questions

1. What is leasehold enfranchisement?

Leasehold enfranchisement is the legal right that allows qualifying leaseholders to purchase the freehold of their property, either individually in certain cases or collectively with other leaseholders.

2. Who can apply for leasehold enfranchisement?

Eligibility depends on the type of property, the lease, and the legal requirements in force. A specialist adviser can confirm whether you qualify.

3. Do I need a solicitor?

Yes. A solicitor experienced in leasehold enfranchisement can prepare the required legal documents, manage communications, and guide you through the legal process.

4. Why should I use a RICS-regulated surveyor?

A RICS-regulated surveyor can provide independent professional advice and support throughout the enfranchisement process, helping you understand the requirements and progress your claim.

5. Can the freeholder refuse my claim?

Where the legal requirements are satisfied, leaseholders have statutory rights. If there is a disagreement, the matter can be resolved through the appropriate legal process.

6. How long does the process take?

The timescale varies depending on the complexity of the claim, the responsiveness of the parties involved, and whether any issues require formal resolution.

7. What documents will I need?

The documents required will depend on your circumstances but commonly include lease information, proof of ownership, and other documents requested by your professional advisers.

8. Can flat owners buy the freehold together?

Yes. Collective enfranchisement allows qualifying leaseholders within a block of flats to work together to purchase the freehold.

9. Why is professional advice important?

Professional advice helps ensure the legal process is followed correctly, supporting informed decisions and reducing the risk of avoidable delays.

10. Where can I get further advice?

A solicitor and a RICS-regulated surveyor experienced in leasehold enfranchisement can provide guidance tailored to your individual circumstances.

Get Expert Support with Your Leasehold Enfranchisement Claim

The leasehold enfranchisement process involves several important legal stages, from confirming eligibility to completing the transfer of the freehold. Having experienced professionals supporting you throughout the process can make each stage clearer and easier to manage.

At Leasehold Valuations, our RICS-chartered surveyors have extensive experience assisting leaseholders across London, Berkshire and the Home Counties. We provide independent, professional advice tailored to your individual circumstances and work alongside your legal advisers to help you progress your claim with confidence.

If you are considering buying your freehold or would like to understand your options, contact Leasehold Valuations today to arrange an initial consultation with our experienced team.

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