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London Boroughs

Lease extension and freehold purchase solicitors in Tower Hamlets

More high-rise residential building than anywhere else in London, which makes this the borough where building safety shapes leasehold work — remediation, qualifying lease status and certificates, all of which have to be handled alongside any lease extension or freehold claim.

Tower Hamlets

Acting for leaseholders across Tower Hamlets

We act for leaseholders across the London Borough of Tower Hamlets — Canary Wharf, the Isle of Dogs, Wapping, Limehouse, Poplar, Blackwall, Bethnal Green and Bow — on lease extensions, freehold purchases and the building safety questions that now sit alongside them.

The Docklands towers and the wider high-rise stock mean that remediation, leaseholder deeds of certificate and landlord’s certificates are live on a very large number of sales. A buyer’s lender wants clear answers, and where they are not available a transaction stops regardless of how long the lease runs.

Bethnal Green and Bow are a different market again: Victorian conversions and a substantial council leasehold stock where lease length is the ordinary concern.

14 February 2022the date on which qualifying lease status is tested
Three dwellingsthe ownership limit in the qualifying lease test
11m / 5 storeysthe height at which the protections and duties engage
Still a righta lease extension does not depend on remediation being complete

Qualifying leases, certificates and what they actually decide

The building safety regime turns on documents, and the documents turn on facts fixed at a date in the past. Both matter enormously to what you pay.

Qualifying lease status determines whether you are protected from remediation costs. It is tested on the position as at 14 February 2022: broadly, whether the flat was your only or principal home at that date, or whether you owned no more than three UK dwellings in total. It is not affected by what has happened since, and it travels with the lease on a sale.

The leaseholder deed of certificate is how a leaseholder establishes that status. Where a landlord becomes aware that a leaseholder intends to sell, it may require one within a very short period — and the LPE1 enquiries form now asks whether it has been served.

The landlord’s certificate is the landlord’s side. A landlord that fails to provide one when required may lose the ability to recover remediation costs from leaseholders at all. For a small freehold company facing a remediation bill, that is not an administrative slip.

And none of it prevents a lease extension. A statutory claim is a right; it does not depend on the building being free of defects or on remediation being complete, and a landlord cannot refuse on that basis. The premium is assessed on the flat’s value in its actual condition, which in some cases works in the leaseholder’s favour. What building safety affects is the sale, not the claim.

The part the valuer does not do

A lease extension has two halves. One is the premium — a valuation exercise, and the reason to instruct a specialist surveyor. The other is the document you are handed at the end, and it is where a leaseholder is most exposed and least likely to be looking.

On a statutory claim under the 1993 Act the new lease must be granted on the same terms as the existing lease, save for the additional 90 years, the peppercorn rent, and a narrow set of modifications the Act permits — broadly to reflect changes to the property since the original grant, to deal with an interest the landlord no longer holds, or to remedy a genuine defect.

That is a protection, and it is only worth what the solicitor reading the draft makes of it. Landlords’ solicitors will frequently send a draft that is not a copy of your lease at all, and unless somebody compares the two line by line, the changes complete with the extension and bind you for the next century and a half. We check the draft against your existing lease clause by clause, and we resist anything the legislation does not permit.

What we look for in a landlord’s draft

Changes that alter what you pay. Service charge apportionment quietly replaced with “a fair proportion as determined by the landlord”. Widened recovery provisions for management costs, professional fees and reserve funds. New administration charges. Insurance commission made recoverable. Repairing obligations shifted from landlord to leaseholder.

Changes that alter what you may do. A qualified alterations covenant turned absolute, removing the statutory protection that consent may not be unreasonably withheld. New restrictions on subletting or short-term letting. Rights newly reserved to the landlord to build on the roof or run services through your flat. Wider forfeiture provisions, or indemnity covenants the original lease never contained.

None of this is hypothetical, and very little of it is announced. It arrives as a clean engrossment described as being “in the same form as the existing lease”, and it is found only by comparison. Some modifications are legitimate — our job is to distinguish those from the ones that simply improve the landlord’s position, and to say so in writing before anything is agreed.

Landlords and housing associations in Tower Hamlets

The London Borough of Tower Hamlets and Tower Hamlets Homes hold and manage a substantial stock, though a large proportion of the borough’s former council housing transferred to Poplar HARCA and other associations.

Housing associations with major holdings include Poplar HARCA, Peabody, Riverside (formerly One Housing) and Clarion Housing Group.

Developer-linked estate management companies operate across Canary Wharf and the Docklands schemes, and institutional ground rent investors hold portfolios in the towers. On a higher-risk building, the accountable person under the building safety regime is a separate question from the freeholder — and the answers are not always the same.

Areas we cover

Area
Typical leasehold stock
 
Canary Wharf and Isle of Dogs (E14)
High-rise apartment schemes with building safety obligations
 
Wapping and Limehouse (E1W, E14)
Warehouse conversions and riverside developments
 
Bethnal Green and Bow (E2, E3)
Ex-local authority blocks and Victorian conversions
 
Poplar and Blackwall (E14)
Estate stock and newer mixed-tenure schemes
 

Who does what

The valuation

The premium is a question of valuation evidence rather than legal argument, and it needs a surveyor who acts on enfranchisement claims regularly. A specialist valuer appraises the flat, advises on the figure to propose and the range within which to settle, negotiates with the landlord’s surveyor and gives expert evidence at the Tribunal if it comes to that. We work closely with Blakes Chartered Surveyors, and you are free to instruct any valuer you wish.

The legal work

Establishing entitlement, identifying every landlord who must be served, drafting and serving a notice that will withstand scrutiny, running the statutory timetable — and negotiating the terms of the new lease itself. The two roles are not sequential: the figure in your section 42 notice is a joint decision, which is why we involve a valuer from the first conversation rather than after the notice has been drafted.

Or have both handled together

Packaged fixed fees combining the legal work, the valuation and the negotiation are available through extension.lease, run jointly by Arcadia Law and Blakes Chartered Surveyors — often the simplest and most cost-effective route for a single flat.

Estimate your premium

Our lease extension calculator gives an indicative premium range from three figures: the unexpired term, the ground rent payable and the value of your flat. It is a starting point for a conversation rather than a valuation, but it will tell you the order of magnitude before you commit to anything.

If your flat has fewer than 90 years remaining, or a ground rent that rises at intervals of less than twenty years, it is worth running the numbers now rather than at the point you decide to sell.

Estimate your premium →

Fees

Fixed fees wherever possible, agreed before we start. The figures below are starting points for straightforward matters; we will give you a tailored quote once we have seen the lease.

 
From
Notes
Statutory lease extension
£1,750 + VAT
Plus disbursements. Straightforward claims above 80 years with no third parties
Voluntary (informal) lease extension
£1,500 + VAT
Plus deed of substituted security fees where a mortgage has to be moved
Each additional landlord or third party
£350 + VAT
Intermediate landlords and management companies
New 999-year lease after a freehold purchase
£950 + VAT per lease
Drafted once and used for every flat in the building

Group and block discounts are available where several leaseholders in the same building instruct together, priced as one exercise rather than a claim per flat. Freehold purchases are priced per participating flat from £1,250 + VAT. On a statutory claim you are also responsible for the landlord’s reasonable legal and valuation costs, which can be challenged — the costs of the negotiation itself and of any Tribunal proceedings are not recoverable from you.

Our other work for Tower Hamlets clients

Lease extensions and freehold purchases are the bulk of what we do, but not all of it. Residential conveyancing — sale and purchase of houses and flats, freehold and leasehold — sits naturally alongside a lease extension where a sale is in prospect. Landlords and management companies — service charges, section 20 consultation, arrears, consents, company filings and the transactional work every sale generates. And the documents: deeds of variation, licences to alter, lease and title reviews, and independent legal advice for guarantors and directors.

Why instruct Arcadia Law

We read the lease you are being given, not just the one you have — every draft is compared clause by clause against the existing lease, and anything the legislation does not permit is resisted. Specialists, not generalists, and members of the Association of Leasehold Enfranchisement Practitioners. We act across all thirty-two London boroughs and know how the local authority legal departments and the larger investor freeholders operate. We act for landlords as well as leaseholders, which is why we know where a landlord’s position will and will not hold — conflicts are checked before we take instructions. Tribunal and court where it is warranted, weighed against the costs, the risk and the time, which for many claims points the other way.

Common questions

Is my flat a qualifying lease for the building safety protections?

It turns on the position as at 14 February 2022 — broadly whether the flat was your only or principal home then, or whether you owned no more than three UK dwellings in total. The status travels with the lease and is not affected by what has happened since.

Can I extend my lease while remediation works are outstanding?

Yes. A statutory lease extension is a right and does not depend on the building being free of defects. A landlord cannot refuse the claim on that basis. Remediation affects a sale, because a lender may decline — but that is a different question from the claim itself.

What is a landlord’s certificate and why does it matter?

It is the landlord’s statement of its position under the building safety leaseholder protections. A landlord that fails to provide one when required may lose the ability to recover remediation costs from leaseholders altogether, which for a small freehold company is a very significant exposure.

Will a cladding issue reduce my lease extension premium?

Possibly. The premium is assessed on the flat’s value in its actual condition, and a valuer will take the building’s position into account. It is one of the few circumstances in which a defect helps the leaseholder on price.

Tell us about your Tower Hamlets flat

The address, the unexpired term and the ground rent if you know them, and who your freeholder is. If you have received an offer from your landlord, send that too. We will tell you where you stand, what a claim is likely to cost, whether the statutory or voluntary route suits you better — and, if an offer has been made, what is actually in it. The first conversation is at no cost.