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Short Lease · Report on Title scenario

Can I sell a flat with a short lease?

Yes, but the shorter it is the smaller the pool of buyers who can borrow against it, and price follows that pool. You have three real options: extend before you market, start a claim and assign the benefit of it to your buyer, or sell as it stands and accept that the buyer is pricing in a cost and a delay you could have quantified yourself.

What a short lease does to the market for your flat

It removes buyers rather than reducing offers, at least at first. A buyer who needs a mortgage can only buy if their lender’s minimum unexpired term is satisfied, so as the lease shortens the flat drops out of one lender’s criteria after another. The effect on price is a consequence of the smaller pool, not a separate discount.

That is why the fall is not smooth. Nothing much happens for years, then the lease crosses a cluster of lender thresholds and the number of viable buyers falls sharply. Below the thresholds the remaining market is cash buyers and specialist lenders, who are fewer and price accordingly.

The 80-year marriage value threshold sits underneath all of this and moves the cost of the fix at the same time as the pool of buyers shrinks. A buyer doing their arithmetic will be deducting the cost of extending, plus something for the trouble.

Selling a flat whose lease got shorter while you owned it?

What was explained about the lease term when you bought it is a reasonable place to start.

Find out what should have been explained → WhenIBought.com

The three options, honestly compared

<b>Extend first.</b> You pay the premium and the costs, and you market a flat with a long lease that any lender will consider. It takes months, and it is money spent before you know what the flat will fetch — but it is the option that restores the widest market.

<b>Start a claim and assign it.</b> Serve the statutory notice, then assign the benefit of the claim to your buyer with the sale. The buyer gets a flat they can extend immediately rather than one they have to wait to extend, which is worth something; you avoid funding the premium yourself. It needs to be set up properly and early, and the buyer’s solicitor will want to see that it was.

<b>Sell as it is.</b> Perfectly legitimate, and sometimes right — if the lease is long enough that only the most conservative lenders are excluded, or if you need to sell quickly. The thing not to do is sell as it is while hoping nobody notices; every buyer’s conveyancer will report the term, and the discussion is better had with a valuation you commissioned than with one the buyer did.

What to establish before you market

The exact unexpired term, from the lease rather than from memory, and where that sits against current lender minimums. The difference between 81 and 79 years is worth knowing precisely before an agent sets a price.

What a statutory extension would cost on this flat. That is a valuer’s figure, and it is the number both you and your buyer are going to be negotiating around whether or not you obtain it.

Whether your own right to claim is available — which, since the two-year ownership requirement was abolished, turns on being the registered proprietor rather than on how long you have owned it.

Dealing with this on a current conveyancing matter?

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