Multi-decade rental lease required?

by Readers Question

10:17 AM, 9th November 2015
About 3 years ago

Multi-decade rental lease required?

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Multi-decade rental lease required?

We are a family with good income, who just moved to UK and we see ourselves living here for another 10 or 20 years, but unlikely forever. why not

I do not have the patience to deal with whimsical landlords, but I neither have interest in buying a property in UK. I’m therefore looking for a contract, that would would give us an exclusive use of a property for a long term, i.e. 10 or 20 years at a fixed price.

The landlord would forfeit their right to evict us (modulo some normal good tenant safeguards) and we would have complete freedom to do with property as we wish (renovate, change flooring, install new bathroom, sublet, etc.) and we would also take care of any maintenance that is required on the unit.

Basically, I would buy all the rights of an owner for a fixed amount of time, but the investor would reap the gains (or loses) of the market.

I was looking around and such contracts do not seem to exist, either you do 1 year leases or buy a property, except for commercial spaces.

Do such contract type exists and if not, why not?

Anze



Comments

Ian Ringrose

10:49 AM, 9th November 2015
About 3 years ago

They don’t exists as the law is against the landlord all the time when a tenant does not pay the rent, or damage a property, likewise the law can make it hard for the landlord to put up the rent if a tenancy is long.

Therefore only a daft landlord will enter into a long tenancy!

Alison King

14:37 PM, 9th November 2015
About 3 years ago

I would have thought it would be almost impossible for a private landlord to get insurance under these conditions, even assuming they had no mortgage.
Shared ownership / housing association property might be worth looking into in these circumstances.

Jon Pipllman

14:55 PM, 9th November 2015
About 3 years ago

As a landlord I would like to be able to do this, but with built in rental reviews

Along the lines of a commercial lease, but for residential

The couple of solicitors I have spoken to about it were not enthusiastic

Annie Stevens

20:27 PM, 9th November 2015
About 3 years ago

Few landlords are whimsical, but as private individuals we have no way of predicting where our lives will take us over the next ten or twenty years. We all appreciate good tenants who stay a long time, but can't commit to this sort of timescale. And of course as Ian and Alison have said, legislation, insurers and lenders all dictate the terms under which we have to operate.

Richard York

11:38 AM, 10th November 2015
About 3 years ago

I'm no lawyer, but sounds more like you're after a short leasehold flat/house. In exchange for a fairly hefty lump sum to the freeholder, you'd gain all the rights you're after and a lease would be created. It could even be an AST so you could be evicted after 20 years.

If the lease is 21 years or more, then it becomes a long lease and the tenant has various rights, including a right to renew his lease and thereafter pay no groundrent. Most of the terms I've used below relate to long leases.

A "ground" rent would be agreed, which could be anything you and the freeholder ("aka landlord") would agree on - it sounds like you'd like it to be fairly high so the lump sum would be low. Review clauses and increases can be put in the lease automatically.

If the lessee fails to pay his ground rent, then the freeholder can take him to court to get his property back - S8 - and the lessee forfeits his lump sum he initially paid for the lease. This more complex and time consuming than an S21.

If the lump sum was "done right": say, three years rent then the landlord would be protected against fairly hefty rent arrears.

It's an interesting idea, but you won't find a mortgage company agreeing to it - the landlord would have to own the property outright. You'd also have to pay the lump sum upfront without finance, and drawing up the legal agreement would be complex. You'd also not get your lump sum back at the end, as it is a payment for granting the lease. Of course, the landlord's risk increases as you approach the end of the contract as well, but I think with that hefty lump sum the tenant would be incentivised not to default - he could even sell the lease to someone else if he were in financial difficulty.

You'd also need a solicitor to draw this up, and (if the value was great enough) have to pay stamp duty on the payment for the lease. Your name would go on the entry in the land registry as it is over 5 years.

All very non-standard, but quite interesting. As outlined above, I think you'd have to pay a fairly hefty premium to get a landlord to agree to this, and you'd be in an interesting twilight zone between long lease and standard rental (even though you could be on an AST lasting 20 years, 11 months).

Since your name would be on the land registry, I think for insurance purposes you'd be the "owner" (similar to leasehold flats).

Might save someone in a dire financial situation who needed money fast but didn't want to sell his property and wanted to keep a reliable monthly income with no repairing obligations. Sounds quite nice actually.


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