The Crown Estate is not bound by the Leasehold Reform Act 1967, the Leasehold Reform, Housing and Urban Development Act 1993, the Housing Act 1996 or the enfranchisement sections of the Commonhold and Leasehold Reform Act 2002.

However, in common with other Crown bodies, The Crown Estate has undertaken, in most cases, to apply the statutory provisions on a voluntary basis which means that owners of leases may qualify for an extension of their leasehold or for the purchase of their freehold interest.

This undertaking was given to Parliament again in December 2001 by Baroness Scotland of Asthal. It also indicates the circumstances in which, exceptionally, the statutory rights will not be available on a voluntary basis. For convenience the areas which are excepted are referred to as "Excepted Areas". The vast majority of properties in Regent's Park are "Excepted". In such cases the Undertaking says: "The Crown will be prepared to negotiate new leases". In accordance with that statement The Crown Estate is willing to negotiate with qualifying owners of leases the grant of new long leases for both houses and flats. These leases will be granted in substitution for existing leases and for a term equal to the unexpired term of the existing lease plus 90 years, subject to an aggregate maximum of 150 years.

Qualifying Criteria

The Commonhold and Leasehold Reform Act 2002 has made it considerably easier for residential lease owners to qualify for enfranchisement or a lease extension. In accordance with its voluntary policy The Crown Estate is prepared to use the same criteria for qualification for a lease extension in "Excepted Areas".

i) Long leases
The lease must have been initially granted for a term exceeding 21 years.

ii) Length of ownership
The lease must have been owned by a tenant for a period of at least two years before an application is made.

Personal representatives of a deceased qualifying leaseholder will be permitted to make a claim within 2 years of the date of grant of probate or letters of administration, as provided in the Act.

Terms of the New Lease

The terms of the new lease will be subject to negotiation.

If you are interested in applying for an extension to your lease please contact the managing agent and/or your solicitor who will be happy to advise you on the procedure.

Contact details:

John Dyer
Cluttons
Meridien House
42 Upper Berkeley Street
London
W1H 5EP

telephone 020 7647 7391