Decision details

Leasehold Reform Housing and Urban Development Act 1993 – application to extend the lease term of 128 Carfax Avenue Tongham Farnham GU10 1BB

Decision Maker: Joint Strategic Director - Community and Wellbeing

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


The Council is the freehold owner of a block of flats known as 124 and 138A Carfax Avenue Tongham. Flat 128 was originally sold 22 February 2016 under the provisions of the Right to Buy for a term of 125 years from 1 July 1985 and at a ground rent of £10. The lessee served a notice on the Council in accordance with the Leasehold Reform Housing and Urban Development Act requesting an extension of the term of the lease to make it more saleable on the open market. The sale progressed and the notice to extend the term was assigned to the new owner. Under the legislation, the Council as the competent landlord, is required to grant a new lease to the owner of the flat for an additional term of 90 years on top of the unexpired term of the lease, and on the same terms as the existing lease, save that the annual ground rent will be a peppercorn if demanded.

The consideration for a new lease is governed by the legislation and determined by valuers. The lessee will be required to pay all of the Council’s legal and surveyors costs

Reasons for the decision:

To enable the sale of the property to take place

Alternative options considered:


Source of Authority to take Decision:

Council’s constitution 21 July 2023 part 3, paragraph 14, page 3-56

To determine applications:

(a) to extend the lease term of flats in accordance with the Leasehold Reform, Housing and Urban Development Act 1993;

on terms to be agreed in consultation with the appropriate lead councillor.

Publication date: 01/02/2024

Date of decision: 31/01/2024