Documents
How to find the unexpired term of your lease
Work out which dates matter, avoid common date mistakes and understand why precision is important.
Start with the lease itself
Look for the clause that grants the term. It may say that the lease runs for a stated number of years from a date that is earlier than the date the document was signed.
Do not assume that the signature date or Land Registry registration date is the start date. The commencement wording in the lease is normally the key evidence.
Calculate to the relevant date
The unexpired term is the time between the lease expiry date and the date relevant to the calculation. In a statutory claim, legislation fixes a relevant date when the tenant’s notice is served.
A difference of months can affect the result, particularly when a term is near an important threshold. Record the exact day, month and year rather than rounding.
Cross-check before relying on it
Compare the lease wording with the registered title and any deed of variation. If the records conflict, do not guess. Ask a solicitor to establish the operative term before serving a notice.