Month: January 2024

Introduction

Embarking on the journey of extending your share of freehold leases requires a thorough understanding of the process, associated costs, and crucial considerations. This comprehensive guide aims to demystify the complexities involved, offering valuable insights for homeowners seeking to navigate this pivotal aspect of property ownership.

The Share of Freehold Lease Extension Process

1. Agree with Share of Freeholders

Collaborate with fellow freeholders to initiate the extension process, emphasising consensus.

2. Instruct a Solicitor

Engage the services of a solicitor to craft a new lease, ensuring a seamless and informal extension.

3. Draft Deed of Substituted Security (if applicable)

If a mortgage is in place, facilitate compliance by drafting a Deed of Substituted Security.

4. Submit and Sign

Present the new lease for signatures, involving both shares of freeholders and the leaseholder.

5. Surrender and Land Registry Submission

Formalise the extension by surrendering the old lease and submitting the new lease to the Land Registry for official registration.

6. Navigating Complexities

Understand potential challenges, especially when the share of freeholders is in disagreement or if one is absent, requiring a vesting order.

Why Extend Your Share of Freehold Lease?

1. Increased Value

Elevate the value of your individual lease through a well-executed extension.

2. Remortgage Facilitation

Facilitate remortgaging opportunities, a hurdle with a ‘short’ lease.

3. Improved Sale Potential

Enhance the property’s appeal for potential buyers, streamlining the sale process.

How to Best Prepare for the Extension

1. Secure Share of Freeholders’ Agreement

Obtain unanimous agreement from other share of freeholders before proceeding.

2. Joint Solicitor Appointment

Confirm the joint appointment of a solicitor to represent both freeholder and leaseholder, minimising legal costs.

3. Lease Extension Terms

Clearly define the desired lease extension terms, including considerations like 999 years and peppercorn rent.

The Extension Process in Detail

1. Undertaking from Share of Freeholders

Secure a commitment from other shareholders of freeholders for joint solicitor representation.

2. RICS Valuation (if required)

Consider a RICS valuation if a premium payment is anticipated, ensuring fairness in financial aspects.

3. Lease Format Options

Choose between an entirely new lease or a deed of surrender and re-grant, aligning with the specific requirements of the property.

4. New Lease Drafting

Entrust the solicitor to draft the new lease, ensuring uniformity in key aspects throughout the building.

5. Lenders and Mortgage Deeds

Comply with Land Registry requirements, signing a deed of substituted security or a new mortgage deed if applicable, ensuring lender consent.

Free Initial Leasehold Advice

Get expert insights on leasehold matters. Book an initial free consultation with our RICS Chartered Surveyors & Valuers for guidance on

• Lease extension
• Purchasing leasehold, freehold, or share of freehold
• Selling a leasehold property with a short lease
• Simultaneous lease extension and sale

Do you have to pay stamp duty on a lease extension?

While lease extensions are typically exempt from stamp duty, exceptions apply. Professional consultation is recommended for clarity on tax obligations.

How much time does it usually take to complete a share of a freehold lease extension?

With lender and share of freeholder consent, anticipate a timeframe of approximately (4-6 weeks), subject to individual circumstances.

What are the potential costs involved in extending a share of a freehold lease?

Costs vary widely, ranging from a few thousand to tens of thousands. An RICS freehold valuation is recommended for accurate estimation, factoring in legal fees, surveyor costs, and potential premiums to other freeholders.

What happens if your other share of freeholders refuse to allow your lease extension?

In case of share of freeholders’ refusal, be prepared for a formal statutory route, potentially involving court proceedings. Difficulties in locating other share of freeholders necessitate a Vesting Order, involving demonstrated efforts and adherence to time limits.

Conclusion

Navigating the share of the freehold lease extension process demands careful consideration and informed decision-making. Armed with insights into costs, essential steps, and potential challenges, homeowners can confidently navigate this crucial aspect of property ownership.

Introduction

Navigating the ever-evolving landscape of property acquisition is a complex task, and staying informed about government-backed initiatives is crucial. In this blog, we unravel the intricacies of the extended Mortgage Guarantee Scheme, offering insights into its purpose, eligibility, and whether it’s your best route to securing a mortgage.

Understanding the Mortgage Guarantee Scheme

Introduced in April 2021, the Mortgage Guarantee Scheme aimed to facilitate homeownership by enabling buyers with a 5% deposit to purchase properties valued up to £600,000. The scheme, backed by the government, sought to revitalize the housing market post-pandemic by encouraging lenders to provide 5% deposit mortgages. Lenders participating in the scheme pay a fee for the government guarantee, mitigating potential losses in case of property repossession.

Extension of the Scheme

Originally scheduled to conclude in December 2022, the Mortgage Guarantee Scheme has undergone extensions. Initially prolonged until December 2023, the Chancellor further extended its duration in the 2023 Autumn Statement, pushing the scheme’s end date to June 2025.

How to Engage with the Mortgage Guarantee Scheme

Unlike traditional application processes, the Mortgage Guarantee Scheme does not entail a direct application by prospective homebuyers. Instead, it aims to incentivize lenders to offer 95% Loan-to-Value (LTV) deals. Although some lenders, like NatWest, have shifted away from the scheme, others, including Barclays, continue to provide details on eligibility criteria for 95% mortgages through the scheme.

Eligibility Criteria and Lender Variances

While the government sets a broad eligibility criterion for the scheme (applicable to houses under £600,000), individual lenders may impose additional criteria. For instance, Barclays restricts the use of the scheme for newly built properties and outlines borrowing limits for houses and flats. Buyers need to explore lender-specific conditions when considering the scheme.

Mortgage Lenders Offering 95% Mortgages

Leading financial institutions like Barclays, NatWest, and Lloyds Bank continue to offer mortgages for those with a 5% deposit. However, it’s crucial to note that interest rates may be higher compared to larger deposit options. For a detailed overview of the best first-time buyer mortgage rates, our regularly updated guide provides insights into rates for various deposit percentages.

Considerations Beyond the Mortgage Guarantee Scheme

While the scheme successfully increased the availability of 95% of mortgages, borrowers should prioritise individual mortgage terms, interest rates, and fees when selecting a deal. Exploring a 10% deposit may lead to more favourable terms and a broader range of mortgage products.

Exploring Alternatives and Future Schemes

Beyond the Mortgage Guarantee Scheme, the government offers various schemes, such as Shared Ownership, to assist homebuyers. Stay informed about evolving initiatives, including Skipton’s 100% mortgage for renters with a proven track record and ongoing updates to the affordable housing program.

Preparing for Buying a Home

For those not yet ready to buy, strategic steps include calculating an affordable budget, improving credit ratings, and exploring savings options like the Lifetime ISA for individuals under 40.

Looking for Lease Extension Or Freehold Purchase?

Get expert insights on leasehold matters. Book an initial free consultation with our RICS Chartered Surveyors & Valuers for guidance on

• Lease extension
• Purchasing leasehold, freehold, or share of freehold
• Selling a leasehold property with a short lease
• Simultaneous lease extension and sale

Conclusion

As the Mortgage Guarantee Scheme continues to shape the landscape of property acquisition, understanding its nuances is crucial. Our blog serves as a comprehensive guide, providing valuable insights into eligibility, lender considerations, and alternative pathways to homeownership. Stay informed to make empowered decisions on your journey to owning a home.

Introduction

Leasehold arrangements are a common practice in the UK, particularly in cities like London, where property ownership often involves a lease agreement. While the typical lease term ranges from 99 to 125 years, there’s a persistent question that has intrigued many property enthusiasts: Can you have a 999-year lease? In this blog post, we’ll explore the validity of a lease with such an extensive term, the maximum lease period allowed, and delve into the details of the longest lease terms in the UK.

Is a Lease for 999 Years Valid?

The concept of a 999-year lease may sound intriguing, but in reality, it’s more of a symbolic term rather than a practical one. A lease with such a lengthy duration is indeed permissible in the UK. However, it’s important to note that a lease of this duration is often considered equivalent to a freehold, which grants the leaseholder almost perpetual ownership of the property. While legally valid, it raises questions about the practicality and necessity of such an extended lease.

What is the Maximum Lease Period?

In the UK, the maximum lease period for residential properties is typically 999 years. This extensive duration is designed to provide a sense of long-term security for leaseholders.

What is the Longest Lease Term?

While 999 years is the legal maximum for leasehold agreements, it’s worth mentioning that practical considerations often lead to more conventional lease durations. In residential property transactions, leases commonly range from 99 to 125 years. The choice of lease duration can be influenced by various factors, including market trends, property type, and individual preferences.

Free Initial Leasehold Advice

Get expert insights on leasehold matters. Book an initial free consultation with our RICS Chartered Surveyors & Valuers for guidance on

• Lease extension
• Purchasing leasehold, freehold, or share of freehold
• Selling a leasehold property with a short lease
• Simultaneous lease extension and sale

Conclusion

In conclusion, the concept of a 999-year lease is valid in the UK, but it is not the norm for practical residential transactions. While it may be legally permissible, the majority of leaseholders opt for more conventional terms ranging from 99 to 125 years. Understanding the implications of lease duration is crucial for both property owners and potential buyers, and seeking professional advice on leasehold valuation and freehold purchase services in London can ensure informed decisions in the complex world of property transactions.