Many leaseholders — especially landlords, investors, and second-home owners — often ask: “Do I need to be living in my flat to extend the lease?” The good news is: no, you don’t need to occupy your property to extend the lease.
This FAQ explains who qualifies for a lease extension, what ownership means in legal terms, and how non-resident leaseholders can benefit from extending their lease — especially in light of recent reforms.
Legal Eligibility: What the Law Actually Requires
Under the Leasehold Reform, Housing and Urban Development Act 1993, leaseholders are entitled to extend their lease if they:
- Own a long lease (granted for more than 21 years when first issued)
- Own a residential property (not commercial)
- Are not leasing from a charitable housing trust providing housing as part of their work
There is no requirement to live in the property.
As of 31 January 2025, the two-year ownership rule has also been abolished, so you don’t need to wait to qualify.
This means:
- You can extend a lease immediately after purchase
- You can extend even if the property is tenanted or unoccupied
- You qualify as long as you are the legal leaseholder on the Land Registry
Examples of Who Can Extend Without Occupying the Flat
🏠 Landlords
If you rent your flat to tenants, you can still extend your lease. In fact, doing so can help:
- Maintain the flat’s mortgageability
- Preserve or increase its capital value
- Avoid expensive lease extension costs later (e.g. marriage value)
🏖 Second-Home Owners
If you use the flat as a weekend or holiday residence, you still retain full rights to extend. Living elsewhere does not affect your legal eligibility.
🧾 Companies
Corporate entities (e.g. buy-to-let companies) that hold long leases for investment purposes can also extend under the statutory process, provided the lease qualifies.
🧑⚖️ Executors or Personal Representatives
If you are managing a leasehold property as part of an estate (e.g. after someone’s passing), you can initiate a lease extension to protect its market value during the sale.
Why Extending as a Non-Resident Makes Sense
Whether you live in your property or not, extending your lease ensures:
- Future resale value: Short leases make properties harder to sell
- Lower extension cost now: The premium increases as the lease shortens
- Better rental yield: Mortgageable properties attract better tenants and long-term value
- Protection from marriage value: Extending before hitting 80 years avoids this extra cost
Real-Life Scenario: Landlord Lease Extension
Sarah owns a one-bedroom flat in Manchester that she rents to tenants. The lease has 83 years remaining. Rather than waiting — and risking dropping below 80 years — she instructs a valuation and serves a statutory lease extension notice.
As a non-resident owner, Sarah:
- Avoids marriage value
- Keeps the property attractive to lenders and buyers
- Increases resale value by around £15,000
All without setting foot in the flat.
Do I Need to Notify My Tenants?
You are not legally required to notify tenants to extend the lease. However:
- If works or inspections are involved, give reasonable notice for access
- If you plan to sell after extending, informing tenants in advance is good practice
FAQs
Do I need to register the property in my name?
Yes. To qualify for the lease extension, you must be the registered leaseholder with the Land Registry.
Can I extend if I bought the property yesterday?
Yes — since January 2025, you no longer need to own the property for 2 years. You can extend immediately but must be the registered leaseholder. Land Registry often have long delays to register leasehold interests – our solicitors can expedite this process on your behalf using the lease extension process as the basis for doing so.
Can I extend if the flat is vacant?
Yes. Physical occupancy is irrelevant. Ownership is what counts.
Can I extend on behalf of someone else?
Only if you have legal authority — for example, as an executor, power of attorney, or company director.
Expert Tips for Non-Resident Leaseholders
- Act early — Extending sooner means paying less and avoiding marriage value
- Use professionals — A good surveyor and solicitor streamline the process while you manage the property remotely
- Align with tenancy — If possible, coordinate lease extension around tenancy renewals to minimise access issues
Common Mistakes to Avoid
- Assuming you’re not eligible because you don’t live in the property
- Waiting until lease falls below 80 years — even as an investor, this hurts your returns
- Going informal without advice — informal offers may retain high ground rents or unfavourable clauses
Summary: Key Takeaways
| Requirement | Needed to Extend Lease? |
| Living in the property | ❌ Not required |
| Owning property for 2+ years | ❌ Not required (post-2025) |
| Long lease (21+ years) | ✅ Required |
| Residential use | ✅ Required |
Extending your lease is your legal right — no matter where you live.
Ready to Extend from Afar?
Whether you’re a landlord, second-home owner, or investor, lease extension is now more accessible and worthwhile than ever. At Extension.Lease, we help non-resident owners complete lease extensions quickly, securely, and with minimal disruption.
