by Saqib Khan | Jun 4, 2023 | Conveyancing
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department to discuss any lease concerns you may have.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | Jun 3, 2023 | Conveyancing
SDLT, which stands for Stamp Duty Land Tax, is a tax that must be paid when buying land or property in the UK. The tax is calculated based on the value of the property being purchased, and is payable to HM Revenue and Customs (HMRC). In this blog post, we will discuss what SDLT is, how it is calculated, and who is responsible for paying it.
What is SDLT?
SDLT was introduced in the UK in 2003 as a replacement for the old system of stamp duty. It is a tax that must be paid by anyone who buys a property or land in the UK. The amount of SDLT payable depends on the value of the property being purchased.
How is SDLT calculated?
The amount of SDLT payable is calculated based on the value of the property being purchased. There are different rates of SDLT depending on the value of the property. The current rates are as follows:
– Up to £125,000 – 0%
– £125,001 to £250,000 – 2%
– £250,001 to £925,000 – 5%
– £925,001 to £1.5 million – 10%
– Above £1.5 million – 12%
For example, if you are buying a property for £300,000, you will pay 2% SDLT on the amount between £125,001 and £250,000, and 5% on the amount between £250,001 and £300,000. This would give you a total SDLT liability of £5,000.
Who is responsible for paying SDLT?
In most cases, the buyer of the property is responsible for paying SDLT. However, there are some circumstances where the seller may be responsible. For example, if the property is being transferred as part of a divorce settlement or inheritance, the seller may be responsible for paying SDLT.
If you are buying a property, it is important to factor in the cost of SDLT when budgeting for your purchase. You can use the SDLT calculator on the HMRC website to estimate how much SDLT you will need to pay.
In conclusion, SDLT is a tax that must be paid by anyone who buys a property or land in the UK. The amount of SDLT payable depends on the value of the property, and is calculated using a set of rates. The buyer of the property is usually responsible for paying SDLT, although there are some circumstances where the seller may be responsible. It is important to factor in the cost of SDLT when budgeting for your property purchase.
Call 0161 850 9911 and speak to one of our Property Law solicitors now.
by Saqib Khan | Jun 2, 2023 | Conveyancing
Please note that the exact timeline may vary depending on various factors such as the complexity of the transaction, the parties involved, and the location of the property. This timeline is intended to provide a general overview of the process.
1. Instruction: The buyer instructs a conveyancing solicitor to act on their behalf in the transaction.
2. Title Investigation: The solicitor obtains a copy of the title deeds and carries out searches with the Land Registry, local authority, and other relevant bodies to investigate the property’s legal status.
3. Enquiries: The solicitor raises enquiries with the seller’s solicitor to obtain further information about the property, such as any disputes or planning permissions.
4. Mortgage: If the buyer is obtaining a mortgage, the lender will instruct a surveyor to carry out a valuation of the property and the buyer will receive a mortgage offer.
5. The Solicitor reports all the title details and their findings to their Clients along with all the documentation to sign prior to exchange of contracts.
6. Exchange of Contracts: Once the buyer and seller have agreed on the terms of the contract, both parties sign and exchange contracts, and the buyer pays a deposit (usually 10% of the purchase price).
7. Completion Date: The completion date is set in the contract, usually 2-4 weeks after exchange of contracts.
8. Pre-Completion: Prior to completion, the buyer’s solicitor carries out final searches and requests mortgage funds from the lender.
9. Completion: On the completion date, the buyer’s solicitor transfers the balance of the purchase price to the seller’s solicitor. Once the funds have cleared, the seller’s solicitor releases the keys to the property and the transaction is complete.
10. Post-Completion: The buyer’s solicitor registers the property’s change of ownership with the Land Registry and pays any stamp duty due on the purchase.
Please note that this is a general timeline and some steps may overlap or vary depending on the specific circumstances of the transaction.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | May 1, 2023 | Conveyancing
The Building Safety Act and Leaseholder Protections (England) Regulations 2021 are two important pieces of legislation that have been introduced in the UK to improve building safety standards and protect leaseholders from potential hazards.
The Building Safety Act was introduced in response to the tragic Grenfell Tower fire in 2017, which claimed the lives of 72 people. This act sets out a new regulatory framework for building safety, with a particular focus on high-rise residential buildings. The act aims to ensure that those responsible for building design, construction, and maintenance are held accountable for building safety, and that there is greater transparency and communication around building safety issues.
One of the key provisions of the Building Safety Act is the creation of a new Building Safety Regulator (BSR), which will oversee the implementation of the new regulatory framework. The BSR will have the power to take enforcement action against those who fail to meet their obligations under the act, including imposing fines and even criminal sanctions.
The Leaseholder Protections (England) Regulations 2021, which were introduced alongside the Building Safety Act, aim to protect leaseholders from the costs associated with remediation work required to make their buildings safe. These regulations apply to buildings over 18 meters in height or six stories, and require building owners to undertake a fire risk assessment and provide this information to their tenants. They also require building owners to ensure that their buildings are safe, and to take remedial action if necessary.
The regulations also introduce a new Building Safety Charge, which will be payable by leaseholders to cover the costs of building safety measures. However, the regulations set out strict conditions on what costs can be passed on to leaseholders, and limit the amount that can be charged in any given year. The regulations also provide for a disputes resolution process, which can be used by leaseholders who feel that they have been unfairly charged.
Overall, the Building Safety Act and Leaseholder Protections (England) Regulations 2021 represent an important step forward in improving building safety standards and protecting leaseholders from potential hazards. However, there are concerns that the regulations do not go far enough, particularly in relation to the costs that may still be borne by leaseholders. It remains to be seen how effective the new regulatory framework will be in practice, but it is clear that building safety will remain a key issue for the UK government and the construction industry for some time to come.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | Apr 9, 2023 | Conveyancing, Landlord and Tenant Law
Introduction
When considering buying a property, one of the decisions you’ll face is whether to opt for a freehold property or a leasehold property. Freehold properties come with full ownership rights and are typically seen as desirable, but in some cases, they may come with service or estate charges. In this blog post, we will explore the pros and cons of freehold properties with service/estate charges, helping you make an informed decision.
Understanding Freehold Properties
Freehold properties are those where the homeowner owns both the property and the land it stands on outright. This means they have complete control and ownership of the property for an unlimited period. Traditionally, freehold properties were not associated with service or estate charges. However, in recent times, some freehold developments come with additional costs for the services and maintenance of common areas.
Pros of Freehold Properties with Service/Estate Charges
- Maintenance and Services: One of the advantages of freehold properties with service/estate charges is that they often come with shared amenities and services. These can include landscaping, gardening, security, trash collection, maintenance of common areas, and more. Having professionals take care of these aspects can save you time and effort.
- Shared Costs: With service/estate charges, the costs of maintaining and managing shared facilities and services are divided among all the homeowners in the development. This can help ensure that the costs are more manageable compared to having to bear the entire burden individually.
- Quality Control: When service/estate charges are in place, there is often a management company or residents’ association responsible for overseeing the upkeep and maintenance of the shared areas. This can lead to better quality control, ensuring that the common spaces and facilities are well-maintained and aesthetically pleasing.
Cons of Freehold Properties with Service/Estate Charges
- Additional Financial Responsibility: The most significant drawback of freehold properties with service/estate charges is the additional financial commitment they entail. Apart from the purchase price, you will have to consider ongoing service charges, which can vary in amount and frequency. These charges can impact your budget and affordability.
- Lack of Control: While service charges can contribute to well-maintained common areas, it also means that you may have limited control over decisions related to the management and allocation of funds. Some homeowners may feel frustrated if they disagree with the way funds are spent or if they have no say in the decision-making process.
- Uncertainty: Service/estate charges are subject to change over time. There is a possibility that these charges may increase, putting additional strain on your finances. It’s important to factor in the potential for rising costs when considering a freehold property with service/estate charges.
Conclusion
Freehold properties with service/estate charges offer a mixed bag of benefits and drawbacks. On one hand, they provide shared amenities, professional maintenance services, and shared costs. On the other hand, they come with additional financial responsibilities and potential lack of control over the management of funds. It’s crucial to carefully weigh these factors against your individual preferences and financial situation when deciding whether to opt for a freehold property with service/estate charges. Ultimately, thorough research and consultation with professionals can help you make an informed decision that aligns with your needs and goals as a homeowner.
Call 0161 850 9911 and speak to one of our Property Law solicitors now.
by Saqib Khan | Apr 5, 2023 | Conveyancing, Landlord and Tenant Law
Introduction
In the realm of commercial leasing, the relationship between landlords and tenants is governed by complex legal agreements. One critical aspect of this arrangement is the concept of forfeiture, which refers to the termination of a lease due to the tenant’s failure to meet certain obligations. However, recognizing the potential hardships faced by tenants, relief from forfeiture provisions have been established to safeguard their rights and provide a fair opportunity for resolution. In this blog post, we will explore the concept of relief from forfeiture of a commercial lease, its significance, and the potential avenues available for tenants to seek redress.
Understanding Forfeiture in Commercial Leases
Forfeiture is a legal mechanism that allows landlords to terminate a lease agreement and repossess the premises if a tenant breaches the terms of the lease. Common grounds for forfeiture may include non-payment of rent, failure to maintain the property, or engaging in activities that violate lease provisions. Once forfeiture occurs, tenants lose their right to occupy the property, potentially facing substantial financial losses and disruptions to their business operations.
The Need for Relief from Forfeiture
While forfeiture can be an effective tool for landlords to enforce lease obligations, it can also disproportionately impact tenants, particularly small businesses and startups. Recognizing this imbalance, relief from forfeiture provisions have been introduced to restore a fair balance and provide a safeguard for tenants facing the prospect of losing their premises.
Relief from forfeiture allows tenants to apply to the court for the reinstatement of their lease by rectifying the breach or providing sufficient compensation to the landlord. This provision aims to prevent the undue hardship faced by tenants, offering them an opportunity to rectify the default and maintain their tenancy.
Applying for Relief
Tenants seeking relief from forfeiture must initiate legal proceedings through the appropriate channels. It typically involves filing an application with the relevant court, providing detailed information about the breach, the steps taken to rectify it, and any mitigating circumstances. Courts will assess the application based on the merits of the case, weighing the interests of both parties involved.
Factors considered by the courts may include the seriousness of the breach, the tenant’s history of compliance, the efforts made to rectify the default, the impact on the landlord, and the potential prejudice to other stakeholders. The court’s decision will depend on the specific circumstances, and it may grant relief subject to certain conditions, such as the payment of arrears or the implementation of specific remedies.
The Benefits and Limitations
Relief from forfeiture provisions offer several key benefits to tenants. Firstly, they provide an opportunity to rectify the breach, allowing tenants to continue their business operations and avoid significant financial losses associated with relocation. Secondly, tenants can negotiate and reach agreements with landlords on revised lease terms, repayment plans, or rectification of the breach, providing a chance for compromise and resolution. Thirdly, it promotes fairness in commercial leasing relationships by ensuring that landlords cannot exercise disproportionate power over tenants.
However, it is important to note that relief from forfeiture is not an automatic entitlement. The court will carefully assess each case, and relief may be subject to specific conditions or require the payment of additional costs. Tenants must also be proactive in understanding their lease terms, promptly addressing any breaches, and seeking legal advice to navigate the complexities of the legal process.
Conclusion
Relief from forfeiture provisions in commercial leases serve as a vital mechanism to protect tenants’ rights and provide them with a fair chance to rectify breaches and maintain their tenancy. By striking a balance between the interests of landlords and tenants, these provisions help sustain business continuity and promote stability in the commercial leasing sector. It is crucial for tenants to be aware of their rights, seek legal guidance when needed, and explore all available avenues for resolution in the event.
Call 0161 850 9911 and speak to one of our Property Law solicitors now.
