Leaseholder Rights in England and Wales: What You're Entitled To
Leaseholders in England and Wales have a substantial set of statutory rights — rights to challenge service charges, to extend leases, to buy the freehold collectively, and to take over management of their block. Understanding what you're entitled to, and when, is the foundation of protecting yourself in a leasehold property.
This guide covers the main rights available to residential leaseholders and what the Leasehold and Freehold Reform Act 2024 has already changed. It focuses on England and Wales — Scottish property law is different.
This is general guidance, not legal advice.
Service charge rights
The right to request information
Under Section 21 of the Landlord and Tenant Act 1985, a leaseholder can request a written summary of the service charge costs for the previous 12 months (or the last accounting year). The landlord must provide this within one month of the request or within six months of the end of the accounting period, whichever is later.
Under Section 22, leaseholders can also inspect the accounts, receipts, and other documents supporting the service charge. Inspection must be made available within a reasonable time and must be free of charge.
The right to challenge unreasonable charges
Service charges must be "reasonable" under Section 19 of the Landlord and Tenant Act 1985. If you believe a charge is unreasonable — because the work was not done, the cost was inflated, or the quality was poor — you can apply to the First-tier Tribunal (Property Chamber) for a determination on whether the charge is payable.
The tribunal can decide that a charge is not reasonable and that you are only liable for a reduced amount, or nothing at all. This right applies whether your block is managed by a professional agent, the landlord directly, or an RTM company. Our guide on how to challenge a service charge at the FTT covers the full process.
The right to withhold disputed charges (with care)
Leaseholders cannot simply withhold service charges without a valid basis — doing so can lead to forfeiture proceedings on the lease (a serious remedy that terminates the lease). However, if a charge is disputed and you have applied to the tribunal, you are generally protected from forfeiture while the dispute is live.
The right to correct demand information
Under Sections 47-48 of the Landlord and Tenant Act 1987, demands must include the landlord's name and address. Any demand that does not include this information is not due — the leaseholder is not required to pay until the information is furnished. This is a procedural protection that can give leaseholders time to resolve disputes.
The right to appoint a surveyor
Section 84 of the Housing Act 1996 gives a recognised tenants' association the right to appoint a surveyor to advise on service charges — including inspecting managing agent documents. This right is available to recognised associations, not individual leaseholders.
Lease extension rights
The individual right to extend your lease
Most long residential leaseholders have a statutory right to extend their lease by 90 years (added to the remaining term) at a peppercorn ground rent under the Leasehold Reform, Housing and Urban Development Act 1993 (Chapter 2). You must have owned the flat for at least two years before exercising this right — a rule that replaced the previous two-year ownership requirement (which was abolished by the Leasehold and Freehold Reform Act 2024 for new claims after January 2025).
You pay a premium to the landlord calculated on a statutory formula. The shorter your remaining lease, the higher the premium.
What changed in 2025: Section 27 of the Leasehold and Freehold Reform Act 2024 abolished the two-year ownership requirement from 31 January 2025. Leaseholders can now exercise lease extension rights from the date of purchase.
The 2024 Act also proposes extending the standard extension term from 90 years to 990 years and abolishing ground rent on extension — but those provisions require secondary legislation and are not yet in force.
Collective enfranchisement
The right to buy the freehold collectively
A qualifying group of leaseholders — typically two-thirds of the flats in the building — can club together to buy the freehold of their block under the Leasehold Reform, Housing and Urban Development Act 1993 (Chapter 1 — collective enfranchisement). This is called collective enfranchisement.
The process requires:
- At least two-thirds of the total flats to be qualifying leaseholders (leases over 21 years)
- Participating leaseholders to represent at least half the total flats
- No more than 25% of the building's floor area in non-residential use (note: the 2024 Act raises the RTM threshold to 50%, but the collective enfranchisement non-residential limit remains at 25% as of mid-2026)
Unlike RTM, enfranchisement requires a premium payment to the landlord. The price is calculated using a statutory method and can be significant for valuable blocks.
Right to Manage
The right to take over management without buying the freehold
Leaseholders can take over management of their block without needing to buy the freehold and without proving the landlord has failed. The Right to Manage (RTM) was introduced by Part 2 of the Commonhold and Leasehold Reform Act 2002.
To qualify, the block must be self-contained, have at least two flats, and have no more than 50% of its floor area in non-residential use (raised from 25% on 3 March 2025 by the Leasehold and Freehold Reform Act 2024). Leaseholders of at least half the flats must join the RTM company to serve the claim notice.
RTM transfers the management functions — insurance, repairs, service charges, major works — to a company controlled by leaseholders. The landlord retains the freehold but loses day-to-day management control. For the full process and what an RTM claim costs, see our dedicated guides on the RTM process and RTM costs.
Insurance rights
Under the Schedule to the Landlord and Tenant Act 1985 (given effect by section 30A), leaseholders have rights to request a written summary of the block's buildings insurance and to inspect the full policy. Leaseholders can challenge the insurance at the First-tier Tribunal if it is unsatisfactory.
The FCA introduced rules on leasehold buildings insurance in 2024 requiring that any commission paid in the insurance chain provides fair value to leaseholders — responding to widespread overcharging found in the FCA's review of the multi-occupancy buildings insurance market. These rules are already in effect. Further restrictions under the Leasehold and Freehold Reform Act 2024 (sections 59-60) are not yet in force.
Rights under the 2024 Act: what is already in force
The Leasehold and Freehold Reform Act 2024 is being implemented in stages. As of mid-2026, the following provisions are already in force:
| Provision | In force since | What it means |
|---|---|---|
| Section 27 — no two-year ownership rule | 31 January 2025 | Leaseholders can extend or collectively enfranchise from day one of ownership |
| Section 49 — RTM non-residential limit 25% → 50% | 3 March 2025 | More mixed-use blocks can now claim RTM |
| Sections 87A-87B — RTM cost shift | 3 March 2025 | Leaseholders no longer pay the landlord's professional costs in uncontested RTM claims |
The service charge transparency reforms (Part 4), insurance commission restrictions (ss.59-60), and the 990-year lease extension term are all prospective — not yet in force. For a detailed breakdown of what is already in force versus what is pending secondary legislation, see our guide to the Leasehold and Freehold Reform Act 2024.
What leaseholders still cannot do
Several rights remain limited or are not yet in force:
- Ground rent: the 2024 Act proposes abolishing ground rent for existing leases, but this is not yet in force. Leaseholders in existing leases with a ground rent above a peppercorn must still pay it.
- Service charge transparency: the new standardised demand format and annual report requirements are pending secondary legislation.
- Commonhold: a wholesale conversion of leasehold to commonhold — a system where owners own the flat freehold and share the communal structure — is subject to a separate consultation process and is not yet available.
Where to get free advice
The Leasehold Advisory Service (LEASE) provides free, independent advice to residential leaseholders on service charge disputes, lease extensions, and RTM. It is funded by the government and is the primary free resource for leaseholders in England and Wales.
Sources
- Landlord and Tenant Act 1985, s.19 — limitation on service charges
- Landlord and Tenant Act 1985, s.21 — request for summary of service charge costs
- Leasehold Reform, Housing and Urban Development Act 1993 — collective enfranchisement and lease extension
- Commonhold and Leasehold Reform Act 2002, Part 2, Chapter 1 — Right to Manage
- Leasehold and Freehold Reform Act 2024 — full text and commencement status
- FCA — FCA confirms leasehold buildings insurance reforms
- First-tier Tribunal (Property Chamber)
- Leasehold Advisory Service (LEASE)
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