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Buying a home

Leasehold vs freehold

By Joe Elvin

Article 10 of 13

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Leasehold vs freehold

Learn the key differences between leasehold and freehold properties, plus how to extend a lease and how leasehold property management works.

Video transcript

So you bought your dream home. As the owner, you can do whatever you want with it, right? Unfortunately, it's a little bit more complicated than that. Whether you own the freehold or just the leasehold, affects your rights over it. If you own the freehold, you own the property, and the land it stands on until you sell it or someone else inherits it when you die.

This means that subject to planning rules, you can do whatever you like with it. The downside to that is you are responsible for all the repairs and maintenance on it too. Whole houses are usually sold freehold where as flats are often leasehold. Leasehold is a bit more fiddly. If you own a leasehold property, that means you have a lease to live there for a certain number of years but someone else owns the freehold.

You will have to pay a number of different charges to the freeholder, this will normally include a ground rent although this won't usually to be very much. The freeholder is also responsible for repairs and maintenance of common areas of the building such as entrance halls of stairwells, so you will also pay a service charge to cover these costs.

These costs can be expensive, so make sure you find out what they will be before buying. If you're buying a leasehold property, the length of the lease is really important. Leases can be as long as 999 years but more commonly they are start at 90 or 120 years. Once a lease has less than 80 years remaining it can start to cause problems.

As the lease get shorter the value of the property will drop and people are less likely to want to buy it. This also means you may struggle to get a mortgage as lenders will worry about getting their money back if they ever need to reposes the property. Leases can be extended but it's down to the freeholder to agree this.

If you are looking to buy a property with a short lease ask the current owners to see if they can arrange for it to be ended before you buy. It is also possible to buy the freehold to the property, but if you are thinking of doing this you'll need to speak to a solicitor as the procedure is quite complicated.

For more information check out the freehold and leasehold guide on

Leasehold and freehold explained

When you buy your own home, it becomes your territory - it's up to you how the property is decorated, renovated, painted or maintained. But there may be limits on what you can do to, depending on whether you buy a freehold or a leasehold. 

If you buy a leasehold property, you own the dwelling but not the land it stands on. In this arrangement, you're known as a 'leaseholder'. If you buy a freehold property, on the other hand, you become the sole owner of both the building and the land.

Flats are most commonly owned on a leasehold basis, while houses are normally sold as freehold properties.

With leasehold properties, the land is owned by the landlord, also called the 'freeholder'. Once the lease runs out, ownership of the entire property will revert back to them. Leaseholders have to get permission from the freeholder to make certain alterations to the property and will often have to pay an annual fee to a managing agent.

  • For personalised advice on mortgages for leasehold and freehold properties, call Which? Mortgage Advisers on 0808 252 7987

Leasehold: how long is left on the lease?

A lease is a legal document that determines how many years the property's owner can live in the building. When buying a leasehold property, the longer the lease has remaining, the better.

Most leasehold properties are sold with leases that still have decades left to run. It's important to check the length of time remaining on a leasehold - once a lease has less than 80 years left, it becomes more expensive to renew. Potential buyers may also find it harder to be granted a mortgage. 

To avoid having to shell out thousands on a renewal, you should look to buy a property with a lease that's unlikely to drop below the 80-year mark while you live there.

Extending a lease    

If you're a leaseholder and have been living in the property for more than two years, you may have the right to formally extend your lease using a Section 42 notice. Once the notice has been successfully lodged, you have the right to an extension of 90 years to the current term and for your ground rent to be reduced to zero.

As an alternative, you can also negotiate informally with the freeholder to extend the lease. With an informal lease extension, you have the option to negotiate the new lease length and the cost involved. 

Informal lease extensions tend to be finalised far quicker. However, you have no legal right for your ground rent to be reduced and it's even possible that the freeholder might try to increase it.


  • The Association of Leasehold Enfranchisement Practitioners has members who are specialists in helping owners of flats extend their leases.
  • The Leasehold Advisory Service has a lease extension calculator which will help you work out how much extending your lease is likely to cost.

Leasehold disputes

When a leaseholder finds themselves in a dispute with their managing agent or landlord, their first tactic should be to try negotiating a new agreement. 

If negotiations fail, you can take up the dispute with the Leasehold Valuation Tribunal. In cases where you feel your service charges are unreasonable, your buildings insurance is overpriced or the quality of services provided by the managing agent is poor, the LVT can arbitrate.

Leaseholders can also go to the LVT if they want to extend their lease, or want to buy the freehold but aren’t able to agree on a price with the existing freeholder.

Leasehold property management

Most freeholders will appoint managing agents to look after communal areas of leasehold properties. These agents will charge leaseholders an annual fee for ground rents, maintenance service charges and buildings insurance premiums.

Leaseholders can opt to arrange these services themselves under a scheme called 'Right to Manage' (RTM), providing more than half of the building's tenants agree to participate. However, it's generally recommended for professional managing agents to be left in charge of leasehold properties housing more than six people.


Freehold property

If you own a home on a freehold basis, you own the property and the land that it stands on. 

Only laws and planning regulations restrict the ways you can modify the property – otherwise, you get to decide what changes are made to the house and its land.

One downside to owning the freehold is that repairs are up to you to organise and pay for. However, on balance, the advantages of owning a freehold property tend to outweigh the disadvantages. For example:

  • Freehold houses, or flats with a share of the freehold, are usually more desirable than leasehold properties and tend to be worth more.
  • With leasehold properties, the lease lasts for a fixed number of years and, if the lease term ends without being renewed, possession of the property passes back to the freeholder. This makes the property decrease in value as it nears the end of its lease. You don't face this problem with a freehold property.
  • Freehold properties aren't subject to the various charges that a landlord can apply, which tend to be difficult to challenge.
  • In fact, freeholders don't have to deal with a landlord at all, as they have overall responsibility for the property (or their share of the property).

Buying the freehold on your home

Owning a property on a leasehold basis can be less advantageous for homeowners, so you may want to consider buying your property's freehold.

Buying a share of the freehold, or 'collective enfranchisement' as it's known, describes a situation where leaseholders act together to own the property outright.

Buying the freehold involves serving a Section 13 Notice on the freeholder. It requires that 50% or more of owners agree to participate in the acquisition of the freehold. Once the freehold has been purchased, the lease can fairly easily be extended to 999 years.

What problems could you face buying the freehold?

There are some barriers that could get in the way of leaseholders going down the collective enfranchisement route. As well as the cost of purchasing the freehold, which can be high, owners need to create a new company, with directors willing to put in the work and effort to manage its affairs.

If only half the owners in a block want to participate, then the cost to each leaseholder will effectively double compared with the cost of a plan that attracts 100 percent participation.  

For more advice on buying the freehold, talk to the Leasehold Advisory Service.

  • Last updated: April 2017
  • Updated by: Stephen Maunder

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