Unfortunately that a South Kensington residential lease is a deteriorating asset. The lease value reduces in proportion to its lease length. The extent of this is not fully appreciated in the early years due to the depreciation being disguised by increases in the South Kensington property market.Where your lease has approximately 90 years left, you need to start considering a lease extension. An important point to note is that it is desirable for lease extension to take place before the term of the existing lease dips lower than 80 years - otherwise a higher amount will be payable. The majority of leasehold owners in South Kensington will be able to extend under the legislation; however a lawyer should be able to confirm whether you are eligibility. In some cases you may not be entitled. There are also strict deadlines and procedures to follow once the process is initiated and you will need to be guided by your conveyancing solicitor from beginning to end of the formalities.
Leasehold premises in South Kensington with in excess of one hundred years left on the lease are sometimes regarded as a ‘virtual freehold’. This is where the lease value the same as a freehold interest in your home. In such circumstances there is often little to be gained by buying the freehold unless savings on ground rent and maintenance charges merit it.
| 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. |
| Barnsley Building Society | 60 years from the date of the mortgage application subject to 35 years remaining at the end of the mortgage term. |
| Halifax | Minimum 70 years from the date of the mortgage. |
| 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 |
The conveyancers that we work with procure South Kensington 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.
Two years ago Charlie, came seriously near to the 80-year mark with the lease on his purpose- built flat in South Kensington. Having bought his flat two decades ago, the length of the lease was of minimal interest. Thankfully, he realised he would soon be paying an inflated amount for a lease extension. Charlie arranged for a lease extension just under the wire last September. Charlie and the landlord who owned the flat above ultimately agreed on the final figure of £5,000 . If the lease had fallen to less than eighty years, the sum would have escalated by a minimum £1,050.
In 2013 we were called by Dr Aarav Mitchell who, having owned a studio apartment in South Kensington in September 2003. We are asked if we could shed any light on how much (roughly) price would be to prolong the lease by a further 90 years. Comparative homes in South Kensington with 100 year plus lease were valued around £280,000. The average amount of ground rent was £45 billed every twelve months. The lease finished in 2096. Given that there were 70 years outstanding we approximated the compensation to the landlord to extend the lease to be within £12,400 and £14,200 not including fees.
An example of a Lease Extension case for a South Kensington premises is Flat 16 21/22 Stanhope Gardens in November 2010. the Leasehold Valuation Tribunal concluded 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 £106,975 This case affected 1 flat. The unexpired term as at the valuation date was 51.93 years.