Cudham Lease Extension - Free Consultation

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Why you should start your Cudham lease extension


Main reasons to start your Cudham lease extension today:

A Cudham leasehold property depreciates with the years remaining on the lease.

The re-sale value of a leasehold property in Cudham depends on how many years the lease has left to run. If it is close to or less than 80 years you should envisage problems on re-sale, so it is advisable to arrange for a lease extension before purchasing. Ideally one should start the process of extending the lease is when the lease still has 82 years unexpired so that formalities can be finalised in advance of the 80 year mark. Leasehold Reform legislation enables Cudham qualifying lessees to a ninety year extension added to their residual lease term (ie if your lease has 50 years remaining the statutory lease extension will provide a new term of 140 years). The reason of the valuation is to determine the premium payable by the lessee to the freeholder for the purchase of the lease extension.

Cudham property with a lease extension has roughly the same value as a freehold

Leasehold premises in Cudham with more than 100 years remaining on the lease are often referred to as ‘virtual freehold’. This is where the lease is worth the same as a freehold interest in your property. In such situations there is often little to be gained by purchasing the reversionary interest unless savings on ground rent and estate charges merit it.

Banks and Building Societies may not finance a property on a short lease

The trend since over the last decade has been for banks to tighten lending criteria across the board - this has extended to the property over which the home loan is to be granted. This has meant the unexpired lease term required by mortgage companies has increased. In the past mortgage companies would lend on a lease with 25 years plus the term of the loan - routinely 50 year leases but those requirements evolved by the requirement for longer and longer leases - many now have a minimum term of 75 years as standard.

Lender Requirement
Accord Mortgages 85 years from the date of completion of the mortgage. Please ensure that you explain the implications of a short term lease to the borrower.
Barclays plc Leases with less than 70 years at the commencement of the mortgage should be declined (see exception below).

Leases with greater than 70 years but fewer than 85 years remaining must be referred to issuing office.

Leases with fewer than 70 years should only be referred to the issuing office where the following scenario applies, as discretion may be applied subject to bank approval:

• Property is located in any of the following prestigious developments: Cadogan, Crown, Grosvenor, Howard de Walden, Portman or Wellcome Trust Estates in Central London AND
• The value of the property subject to the short remaining term is £500,000 or more AND
• The loan to value does not exceed 90% for purchases, 90% like for like re-mortgages, 80% for re-mortgages with any element of capital raising and 80% for existing Barclays mortgage borrowers applying for additional borrowing;
Birmingham Midshires Minimum 70 years from the date of the mortgage.
Santander You must report the unexpired lease term to us and await our instructions if:
1. the unexpired term assumed by our valuer is between 55 and 82 years, but the actual unexpired term differs by more than one year (whether longer or shorter); or
2. the unexpired term assumed by our valuer is more than 82 years but the actual unexpired term is less than 82 years; or
3. no valuation report is provided
However, we will not accept a lease where on expiry of the mortgage:
(i) less than 50 years remain and all or part of the loan is repaid on an interest-only basis: or
(ii) less than 30 years remain and the loan is repaid on a capital and interest basis

We will accept a lease that has been extended under the provisions of the Leasehold Reform Act 1993 provided statutory compensation would be available to the leaseholder.
Royal Bank of Scotland Mortgage term plus 30 years.

Get in touch with one of our Cudham lease extension solicitors or enfranchisement solicitors

The conveyancing solicitors that we work with procure Cudham lease extensions and help protect your position. A lease extension can be arranged to be completed to coincide with a change of ownership so the costs of the lease extension are paid for using part of the sale proceeds. You really do need expert legal advice in this difficult and technical area of law. The lawyer we work with provide it.

Cudham Lease Extension Case Summaries:

Imogen, Cudham, South East London,

Subsequent to lengthy discussions with the landlord of her one bedroom flat in Cudham, Imogen started the lease extension process just as the lease was coming close to the critical 80-year threshold. The transaction was concluded in October 2012. The freeholder’s charges were kept to an absolute minimum.

Cudham case:

Last Summer we were phoned by Ms Paige Norbert , who owned a garden apartment in Cudham in September 2008. The question was if we could estimate the price would be to prolong the lease by 90 years. Identical homes in Cudham with an extended lease were worth £235,200. The average amount of ground rent was £45 invoiced every twelve months. The lease elapsed in 2091. Given that there were 66 years outstanding we approximated the premium to the freeholder to extend the lease to be within £12,400 and £14,200 not including fees.

Decision in Bromley

An example of a Lease Extension case for a Cudham residence is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case affected 1 flat. The unexpired residue of the current lease was 50.57 years.