Inheriting a leasehold property — especially one with a short lease — can raise urgent questions about how to preserve its value. One of the most effective ways to protect that value is by extending the lease. But can you do that if you’re not the owner in the usual sense, but rather an executor or personal representative?
The answer is yes — and taking timely action could make a significant difference in both saleability and price.
This guide explains your legal options, key deadlines, and practical next steps if you’re dealing with a leasehold property as part of an estate.
⚖️ Can Executors Extend a Lease?
Yes. If the leaseholder has died and the property is now held by an executor or administrator, the law still allows for a statutory lease extension.
The Leasehold Reform, Housing and Urban Development Act 1993 enables the personal representative of the deceased leaseholder to:
- Serve a Section 42 notice
- Assign that notice to a buyer, even before the estate is fully administered
- Proceed with a lease extension during probate
This is often critical for protecting the property’s value during a sale.
👤 Who Can Act?
You may extend the lease if you are:
- The executor of the will (named in the will and granted probate)
- The administrator (appointed if there is no will)
- A beneficiary (in some voluntary lease extension cases, with agreement)
You’ll need to provide legal documents proving your status, such as:
- Grant of probate or letters of administration
- Title register for the property
- Copy of the lease
Why Extend Before a Sale?
Short leases (especially under 80 years) reduce market value and deter buyers — particularly those using a mortgage.
By extending the lease before or during the sale:
- You increase the sale price
- You expand your buyer pool (as lenders require longer leases)
- You can assign the notice, allowing the buyer to complete the process post-sale
✅ As of January 2025, there’s no longer a 2-year ownership requirement. This means even if you’ve only just inherited the flat, you can start the extension immediately.
🧾 How Does It Work?
Step-by-Step:
- Valuation
A RICS-accredited surveyor calculates the lease extension premium, accounting for marriage value if applicable. - Serve Section 42 Notice
Your solicitor issues this formal notice to the freeholder, setting out your proposed terms. - Assign the Notice (Optional)
You can assign the benefit of the notice to the buyer, who then completes the extension after purchase. - Proceed or Sell
You can either:- Complete the extension during the administration of the estate
- Sell the flat with the lease extension in motion, often increasing speed and value of the transaction
🧠 FAQs
❓ Can I start the process before probate is granted?
Yes, but only if:
- The will is straightforward and your status is uncontested
- You can provide proof of your authority to act
- The freeholder is cooperative (not a legal requirement, but helpful)
It’s often wise to wait for the grant of probate, but your solicitor can advise on safe early steps.
❓ Can I extend voluntarily instead?
Yes — but be cautious:
- Voluntary extensions offer less protection
- Terms may not reduce ground rent
- Freeholders may take advantage of your unfamiliarity with leasehold law
We strongly recommend the statutory route for all but the simplest cases.
❓ What if the freeholder doesn’t respond?
The same rules apply — if they fail to reply to the Section 42 notice within 2 months, you can apply to the First Tier Tribunal. The lease extension will still go ahead based on statutory terms.
🚫 Mistakes to Avoid
- ❌ Selling the flat without extending or assigning the notice — this could reduce value by tens of thousands.
- ❌ Relying on informal extensions — especially risky during probate.
- ❌ Not getting professional valuation and legal help — this process requires precision.
💡 Expert Tips
- Extend the lease before marketing the property, or assign the notice early.
- Let your estate agent know the lease extension is in progress — it reassures buyers and solicitors.
- Ask your solicitor to time the exchange and completion so the buyer takes over the lease extension seamlessly.
✅ Summary: Why This Matters
| Question | Answer |
| Can an executor extend a lease? | ✅ Yes |
| Can you assign the notice to a buyer? | ✅ Yes |
| Is there a 2-year ownership rule? | ❌ Abolished in 2025 |
| Does it increase the sale price? | ✅ Almost always |
| Should you act before completing probate? | ✅ In many cases (ask your solicitor) |
📞 Need Help Extending a Lease as an Executor?
Whether you’re looking to protect the value of an inherited flat or prepare it for sale, our expert lease extension team can help. We’ll guide you through the process of valuation, notice serving, and assignment — ensuring you meet legal obligations while maximising the estate’s value.
