Flat lease terms – Help!

Flat lease terms – Help!

9:52 AM, 1st August 2014, About 10 years ago 17

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Hi,

I’m about to step onto the BTL ladder and would like some advice… Flat lease terms - Help

I’m buying a 2 bed flat which was being sold with a 99yr lease. We have since been informed that the lease term is in fact only 64 yrs! The vendor initially said he couldn’t extend the lease due to not owning the flat for a minimum of 2yrs and agreed to drop the price by what he claims the cost would be to extend to 99yrs (£1750 inc Solictr’s fees). He now says he can renew the lease to 100 yrs after all.

My plan is to keep the flat for a maximum of 20yrs as a pension fund, then sell. This would then leave a term of 80yrs which after some research appears to be the cut off for lease renewal which I don’t want to get involved in!

The agreed price is £82000, with a ground rent of £900 pa.

My questions are:-

  1. In your opinion, is it a good idea to buy a flat with only 100yrs lease or should I be looking for a longer term?
  2. Looking at various leasehold calculators, the cost to extend seems to be more in the region of £15000 – £18000, not £1750! Can this be correct??
  3. Is there anyway I can find out myself, a) Who the leasehold company is. b) How much the cost of extending the term would be. c) Get a copy of the extension contract/invoice if the extension is completed.

I’m now doubtful as to the integrity of the vendor as he seems to change his mind a lot on a lot of things!

I have advised the estate agent that I would like a lease term of 120yrs minimum and am waiting for a reply….

Any advice anyone can offer would be great fully received as I’m now feeling a little unsure about the whole situation.

Many thanks and great website!

Damon.


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Comments

Jill Lucas

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14:38 PM, 2nd August 2014, About 10 years ago

I agree with the comments and the lease is the one and only key point of reference anything else is hearsay! if you are buying a leasehold property you need to read it carefully from cover to cover firstly to ensure you can actually rent the property as some leases have restrictions! and secondly to know what costs you are up for! and make sure you survey the property and especially check the roof! if its a cursory building society valuation!!

Puzzler

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15:24 PM, 3rd August 2014, About 10 years ago

It sounds to me like the vendor is giving you a low price as that's all he wants to reduce the sale price by. Has he or has not owned the property for at least two years? You can check that on right move and see when it was last sold (and the price). You can use that as a guide for a fair price now.

Agreed £900 is very high for an old lease, I suggest this is the service charge.

You ask if there's a way to find out who the leasehold company is... of course this should be provided by the estate agent or if you have reached an agreed sale your solicitor: what you need is the freeholder, managing agent and proper breakdown of charges and the lease.

100 years is OK, many new builds are 99 years.

Yvette, I am intrigued when you say the extension may be written into the existing lease, I have never seen that on a lease of that age and in any case would be superseded by the 1993 act?

Malcom, you don't say when you got your extension but I guess it was a while ago!

Malcolm Hill

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20:18 PM, 3rd August 2014, About 10 years ago

The lease I was referring to which I extended in 2000 was set up in the early 1960's and that had a ground rent of only £ 10.Even two flats I purchased recently in 2013 and which had leases starting in the late1980's have only ground rents of £32 and £40 pounds the highest ground rent I have ever had is for a fairly luxurious large two bedroom apartment on the coast with a sea view and even that is only £500 per annum.

Damon Wilkins

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20:28 PM, 3rd August 2014, About 10 years ago

It's £900 a year for ground rent and service charge...sorry if I misinformed, am still learning. Ground rent and service charge I'm guessing are different?
The vendor bought the flat in Oct 2013. he initially said he couldn't extend the lease because of not owning it for 2 years...but now he says he can....is owning the flat for 2 yrs a legal requirement for renewing a lease?

Puzzler

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20:47 PM, 3rd August 2014, About 10 years ago

I believe it's 2 years for the statutory right to extend, however if the freeholder agrees you can do it any time.

Malcom, it's not just the ground rent amortized that is taken into account - there Is "marriage value" (the increase in value split 50/50 between the freeholder and leaseholder) which today should be around £10k for a £100K property with a 65 year lease. Maybe with inflation?

Damon, the ground rent is a very small part of the charge, the rest goes on communal maintenance and buildings insurance. Most likely around £25 pa.

Damon Wilkins

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21:04 PM, 3rd August 2014, About 10 years ago

Ok, so it does seem £1750 to renew this lease back to 100yrs is low. I will see what the agents say....

Joe Bloggs

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22:57 PM, 3rd August 2014, About 10 years ago

Reply to the comment left by "Damon Wilkins" at "03/08/2014 - 20:28":

'sorry if I misinformed, am still learning.'
YOU DID MISINFORM. YOU ARE STRUGGLING WITH THE ABSOLUTE BASICS...PROPERTY ISNT FOR EVERYONE.

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