Discovering that your freeholder has passed away can feel unsettling — especially if you were about to begin or are already part-way through a lease extension process. Fortunately, your rights as a leaseholder don’t vanish when the freeholder dies. While the process may take a little longer or involve different parties, you can still extend your lease.
In this guide, we explain what happens when a freeholder dies, how it affects the lease extension process, and what steps you can take to ensure your legal rights are protected.
Can I Extend My Lease If the Freeholder Has Died?
Yes, absolutely. Your legal right to a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 is not affected by the death of the freeholder.
However, the process may be slightly delayed, depending on the legal status of the freeholder’s estate or successors.
Who Takes Over the Freeholder’s Responsibilities?
When a freeholder dies, their interest in the property passes to:
- Executors or Personal Representatives: If probate is granted, they manage the estate until it’s transferred to beneficiaries.
- Heirs or Beneficiaries: Individuals or entities named in the will, or identified under intestacy law if no will exists.
- Trustees: In some cases, the property may pass into a trust or be controlled by a management company.
These parties effectively step into the freeholder’s shoes and are responsible for:
- Receiving ground rent
- Responding to lease extension notices
- Managing the property or selling the freehold
Can I Still Serve a Section 42 Notice?
Yes, but it’s crucial to serve the notice correctly. If the freeholder has passed away, the notice should be served to:
- The executor or administrator of the estate, once known
- Or the entity currently managing the freehold interest (e.g. a solicitor or property manager)
If you’re unsure who to serve, your solicitor can:
- Check the Land Registry for updates
- Make enquiries with the Probate Registry
- Send a protective notice to the “personal representatives of [deceased name]”
What If Probate Hasn’t Been Granted Yet?
This is a common situation — and it can delay the lease extension process.
If probate has not been granted:
- The estate is in legal limbo — no one can formally respond to your Section 42 notice
- You can still serve the notice, but the timeline may pause until the grant of probate is issued
In some cases, leaseholders wait until probate is granted before proceeding.
What If I Already Served the Notice Before the Freeholder Died?
If the freeholder dies after you’ve served a Section 42 notice:
- The notice remains valid
- The personal representatives (or eventual heirs) are still bound by its terms
- Deadlines and statutory timeframes continue, though they may be paused or adjusted depending on the situation
Your solicitor can request an extension to key deadlines by agreement if needed.
Does This Affect My Legal Rights?
No. Your statutory right to a lease extension:
- Is unaffected by the freeholder’s death
- Remains enforceable once the successor or personal representative is known
- Can still be escalated to the First-tier Tribunal if necessary
If the freeholder is missing or the estate becomes unresponsive, you may also be able to apply for a vesting order from the County Court, allowing the lease to be extended regardless.
What If There Are Multiple Freeholders or Trustees?
Sometimes the freehold is owned by more than one person, or a trust or company. If one party has passed away:
- The surviving owners or trustees can usually continue acting
- You may only need to liaise with one representative while the estate is handled
Your solicitor will review the title deeds and confirm who holds legal responsibility.
Practical Tips If Your Freeholder Has Died
- Check the Land Registry: Confirm the freeholder’s name and whether any new ownership has been recorded.
- Ask the Property Manager: If there’s a managing agent, they may know who is handling the estate.
- Serve Notice with Care: Work with a leasehold solicitor to serve the Section 42 notice correctly.
- Allow Time for Probate: Expect some delay if probate hasn’t yet been granted.
- Keep Records: Document all attempts to contact the estate or its representatives.
FAQs
How long will the delay be?
Typically, the grant of probate takes 2–6 months. Once granted, the process can resume.
What if the estate refuses to respond?
If there’s no response to your Section 42 notice, you can apply to the First-tier Tribunal or seek a vesting order from court.
Can I switch to an informal lease extension instead?
You can try, but without an active freeholder or representative, informal negotiations are usually not possible.
What if I’m trying to sell the flat?
You can serve the notice and assign it to your buyer — even if the freeholder is deceased. This allows the buyer to continue the lease extension after completion.
Summary: Key Takeaways
| Issue | Impact |
| Freeholder has died | You can still extend the lease |
| Probate not granted | Delay likely, but action still possible |
| Section 42 notice | Must be carefully served to representatives |
| Legal rights | Remain fully intact |
Need Help Navigating a Lease Extension with a Deceased Freeholder?
At Extension.Lease, we’ve helped dozens of leaseholders successfully extend leases even when the freeholder has passed away. Our team works with experienced leasehold solicitors to ensure notices are correctly served and legal rights are preserved.
