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Why you should start your Kilburn lease extension


Main reasons to start your Kilburn lease extension today:

A Kilburn lease depreciates with the years remaining on the lease.

There is no doubt about it a leasehold flat or house in Kilburn is a wasting asset as a result of the diminishing lease term. Where the residual term has, beyond 125 years remaining then this decrease may be of little impact however there will become a point in time when a lease has less than eighty years left as part of the premium you will incur is what is known as a marriage value. This could increase sharply the cost. It is the primary rational as to why you should consider extending without delay. Many flat owners in Kilburn will meet the qualifying criteria; however a lawyer will be able to confirm if you qualify for a lease extension. In certain situations you may not qualify, the most common reason being that you have owned the property for under two years.

An extended lease is almost the same value as a freehold

Leasehold premises in Kilburn with in excess of 100 years unexpired on the lease are often regarded as a ‘virtual freehold’. This is where the lease is worth the same as a freehold interest in your home. In such situations there is often little upside in buying the reversionary interest unless savings on ground rent and estate charges justify it.

Mortgage lenders may decide not to issue a mortgage with a short lease

Whether or not the lease is be regarded as a short lease depends on the specific mortgage company, yet lending institutions start to become nervous at around 75 years. This may cause difficulties as and when you come to market or refinance your property as it will be effectively unmortgageable. You might not have an imminent desire to sell but when you do your purchaser will need to wait 2 years before being able to start the legal procedures for a lease extension.

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;
Leeds Building Society 85 years remaining from the start of the mortgage.
Skipton Building Society 85 years from the date of completion of the mortgage

For Buy to Let cases:
- lettings must not breach any of the lessee’s covenants; and
- consent of the lessor to lettings must be obtained if necessary
Virgin 85 years at the time of completion. If it's less, we require it to be extended on or before completion.

What makes us experts in Kilburn lease extensions?

The conveyancing solicitors that we work with undertake Kilburn 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 conveyancer we work with provide it.

Kilburn Lease Extension Example Cases:

Toby, Kilburn, North London,

Toby was the the leasehold proprietor of a conversion flat in Kilburn being sold with a lease of fraction over 61 years remaining. Toby informally approached his landlord being a well known Manchester-based freehold company for a lease extension. The landlord indicated a willingness to extend the lease to 125 years on the basis of a new rent at the outset set at £150 per annum and increase every 25 years thereafter. No ground rent would be due on a lease extension were Toby to exercise his statutory right. Toby obtained expert legal guidance and secured an acceptable deal informally and sell the flat.

Kilburn case:

Mr Samuel Rodríguez bought a one bedroom apartment in Kilburn in September 2011. We are asked if we could estimate the premium could be for a 90 year extension to my lease. Comparative homes in Kilburn with 100 year plus lease were worth £257,800. The mid-range ground rent payable was £65 billed monthly. The lease ran out in 2090. Considering the 65 years outstanding we estimated the compensation to the freeholder to extend the lease to be between £18,100 and £20,800 plus costs.

Decision in Brent

An example of a Freehold Enfranchisement matter before the tribunal for a Kilburn residence is 4 & 4A Charteris Road in June 2009. the Tribunal held that the price to be paid for the enfranchisement of 4/4a Charteris Road to be £15,510 for at 4and £15,694 for at 4a This case related to 2 flats. The unexpired lease term was 70.02 years.