Posts Tagged landlord

What You Need to Know About Lease Extension and Mortgages

If you live in a property that is a leasehold, rather than freehold, and are seriously contemplating selling up, there is a very important issue that you need to bear in mind. This is the length of time remaining on your lease. At first glance, especially if there are a number of decades left to run on the lease, this may not appear to be a problem. However, it is most likely that your buyer will be looking to take out a mortgage on your property; therefore, a leasehold or lease extension may be necessary if, as with most people, they need to take out a mortgage to buy your property.

Having carried out research on all the main banks and building societies in England and Wales with regard to mortgages and leasehold extension, it is quite shocking to see what the majority of these lending institutions require if and when they are able to offer buyers a mortgage on a leasehold property. As the majority of mortgages run for a period of 25 years, you would think that this would be the minimum term required to run on the lease, but this is definitely not what happens in reality.

Research reveals that the vast majority of lending institutions require a period of at the very least 55 to 60 years to run from when the mortgage commences. However, there are some lending companies that go way beyond this: in fact, one mortgagor required a minimum of 70 years left to run on the lease before even considering granting a mortgage. Furthermore some lenders have even dropped out of the market in lending on leasehold property entirely. This is where you may well need to seriously consider if you need to extend a lease.

You also need to be aware that lease extension is always more expensive once the remaining period to run falls below 80 years. This is because when any lease drops below 80 years, an additional premium [which is known as the "marriage value"] has to be paid to the landlord, on top of usual fees, in order to extend a lease.

If there is a period of less than 60 years to run on your lease, you may well encounter problems when it comes to selling your property. From the outset, the estate agent entrusted to sell your property is highly unlikely to point out the issues connected with leasehold properties. They tend to solely focus on the sale and steer clear of getting involved in such pertinent matters. In fact it’s quite remarkable how few estate agents know anything about leasehold extension.

It is not until a sale is subject to contract that this issue may rear its ugly head. The last thing you want is for a sale to fall through at this stage – but this is entirely possible if you fail to look into lease extension.

Reasons For An Extended Lease

Getting an extension on a lease is a benefit to most leaseholders and therefore is something which is seriously worth considering. Under statute you have the legal right to get an extension on your lease for up to 90 years (Leasehold Reform Act 1993). Once this extension is granted, you are no longer liable to pay ground rent to your landlord. This article discusses the benefits of getting an extension on your lease.

One of the main reasons you should think about extending a lease is because as your lease decreases, so does the value of your property. If you have a very long lease (such as one that lasts for more than 100 years) then this will make little difference to the value of your property, but once that number starts to go down, then the money you can expect to make on the flat or house will also decrease. This is why extending a lease is encouraged.

Another reason to consider an extended lease as soon as you can is to avoid having to pay what is called marriage value. This is charged on leasehold extensions where the original lease has less than eighty years to run, so it is definitely in your interests as the leaseholder to start the application process as soon as you can. As long as you have owned the property for two years and your original lease had at least 21 years on it, you will be eligible to apply.

Also, if you think that you are going to want to sell your property in the future, then you should give some thought to an extended lease. This is because it can be harder to sell your property on if the lease has less than 60 years to run as mortgage lenders are more likely to view it sceptically. So, not only will a short lease make it harder for you to find a buyer for the property, but even if you do then your buyer is likely to find it tricky to get a mortgage to complete the deal.

Finally, extending a lease can give you peace of mind as it means you won’t have to worry about what will happen if you are still living in the property when the lease runs out. It makes overall good sense, so if you are interested in an extended lease, get in touch with a specialist solicitor.