Q&As

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 09 April 2018
imgtext

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the leasehold interest that is being ‘extended’ (but which, by virtue of LRHUDA 1993, s 56 is in fact being surrendered and re-granted and thus ordinarily would require the consent of the mortgagee) and in respect of the interest of the landlord. LRHUDA 1993, s 58(4) provides that, where the existing lease immediately before its surrender on the re-grant was subject to a mortgage, the new lease will take effect subject to that mortgage and its terms will apply

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Rent review—a practical lease negotiation guide

Rent review—a practical lease negotiation guideThis Practice Note considers the negotiation of open market rent review provisions in a rack rent commercial lease by a landlord and its tenant. It identifies key concerns for each party and factors that impact on valuation. It also suggests possible

Reversionary leases

Reversionary leasesReversionary leases (or future leases) are granted to take effect in possession at a future date. This Practice Note looks at:•when a reversionary lease is used (including to avoid surrender and regrant)•statutory rules relating to the grant of reversionary leases (including in

Supreme Court finds fishing limit breached right to property (R (on the application of Mott) v

Property analysis: Stephen Hockman QC and Mark Beard, of Six Pump Court, examine the Supreme Court’s decision that the appellant Environment Agency’s imposition of licensing conditions on the respondent owner of a salmon fishery which limited, without compensation, the number of fish he could catch

Where a lease is granted for seven years, do the parties need to appoint solicitors to act on their

Where a lease is granted for seven years, do the parties need to appoint solicitors to act on their behalf? Can the landlord include a clause in the lease permitting the landlord to remove goods from the premises to the value of any arrears of rent? Is there a legal requirement to include terms in a