Residential Leasehold and Freehold Conveyancing

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If you’re ready to become a property owner, then buying a flat for the first time can be a little too overwhelming, especially if you know so little about what goes into the process of buying a property. One of the first things you should learn is that buying a flat is quite a bit different from buying a house. Understanding the different aspects of the process can help you to tackle it with confidence, so whether you’re buying your first flat or you’ve bought many already, take a look at our guide to help you through it.

Leasehold vs Freehold

Understanding if a property is leasehold or freehold is crucial for anyone planning to buy a flat. Leaseholders own their flat, but they do not own the land it sits on. In this scenario, a leaseholder will acquire a property from a freeholder. If you are a leaseholder, you will enter into a contract with the freeholder who owns the building and property. On the other hand, a freehold grants a person or group complete control over the property and the land. The freehold contains all past, present, and future rights to the land, while a leasehold limits these rights up to a specified time.

A lease is a contract. The details of a lease typically include things like who is responsible for various maintenance issues, the monthly payment amounts, permission to make changes to your place, and any restrictions on things such as pets or subletting.

Unfortunately, there are some unscrupulous landlords who will charge unjustifiable fees to extend the initial contract. However, if you have already taken out a mortgage for your house or flat, you’ll need to read what your deed states to learn more about the repercussions if your lease is coming to an end. 

Can a Flat be Freehold?

A flat can be freehold, but only a few are actually sold to the public in this way. The majority of mortgage lenders don’t allow a flat’s freehold to be used as security. Instead, you can buy a share of the freehold if you purchase a leasehold property. The cost of doing this depends on a couple of things, such as the length left on the lease, and it adds value to your property by allowing you to extend the lease to 999 years free of charge. You get more control over your property when you own a share of the freehold.

Should I Buy a Flat That I Leasehold?

Freehold properties are usually considered more desirable than leasehold ones, but you can still buy a flat that you lease. It’s worth paying attention to how long the lease lasts. Leases lasting more than 80 years can become significantly more expensive than shorter leases. In fact, any lease nearing 80 years in length can become much more expensive to renew.

Right to Manage

A lease can be expensive, but there’s another option called Right to Manage. You can apply for the Right to Manage for free if you’re one of the leaseholders, allowing you to get more control over your building. Basically, the Right to Manage allows you to take over the responsibilities for some of the work, so you don’t have to pay the ground rent. You will still have to pay some maintenance costs.

Conclusion

Buying a flat is a difficult decision to make and a complicated process to go through. But knowing what you’re up against and the many considerations you have to know before making any purchase can be a great advantage.

Conveyancing Expert is an online conveyancing practice providing quality conveyancing services. As a team of legal professionals, we make sure to guide all our clients throughout the entire process. Reach out to us when you need residential conveyancing in the UK. Get a free conveyancing quote today!

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